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HomeMy WebLinkAbout04-11-2022 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 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,and Richard Crosby III. Council Members Aaron Printup and Victoria Seals were absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,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 MARCH 28,2022 2. COUNCIL WORK SESSION MINUTES OF MARCH 28,2022 3. CLAIMSBILLS 4. APPROVAL TO DISPOSE OF UNCLAIMED PROPERTY 5. REQUEST TO HIRE FULL-TIME POLICE OFFICER 6. APPOINT SEASON EMPLOYEES 7. APPROVAL TO PURCHASE OF VEHICLE AND EQUIPMENT DIAGNOSTIC COMPUTER 8. APPROVAL OF RESOLUTION APPOINTING PARK COMMISSION ALTERNATES—RESOLUTION NO.7262 9. MNDOT MASTER CONTRACT RENEWAL—RESOLUTION NO.7261 10. BIG ISLAND DOCK LICENSE REQUEST SITE BI-6,JOE THULL This item was removed from the Consent Agenda. 11. REQUEST AUTHORIZATION TO ADVERTISE FOR SEPTIC INSPECTOR/PLAN 12. REVIEW CONTRACTOR—RFP 13. LA22-000008—JON BYINGTON OB/O TRAVIS DEJONG, 1270 WILDHURST TRAIL,VARIANCE—RESOLUTION NO.7260 14. LA22-000013—JALIN DESIGN LLC OB/O DALE AND CYNTHIA WUNDERLICH, 2726 CAROLINE AVENUE,VARIANCE—RESOLUTION NO. 7259 A member of the public asked to remove Item 10 Big Island Dock License Request from the Consent Agenda. Crosby moved,Johnson seconded,to approve the Consent Agenda with the removal of Item 10. VOTE: Ayes 3,Nays 0. Page 1 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. PUBLIC COMMENTS James Elder, 195 South Brown Road,stated that in Orono they only have two providers of trash management which is an oligopoly as all of the smaller waste management companies have been gobbled up by the larger companies.He has nothing against capitalism and thinks it is the core of the country; however,when powers get so strong they reduce service and increase prices,which is what is currently happening.Mr.Elder would like to ask the City Council to encourage smaller competitors to enter the market.He noted he did not get his trash picked up for 8 days and finally had to pick it up in his truck and bring it to Delano,MN. Mayor Walsh noted they discussed this in the work session prior to the meeting and Mr.Elder's name came up. He appreciates the thought and the conversation about reaching out to other companies,as well. Alisa Benson, 1220 Lyman Avenue,noted it is spring and Orono clean-up day is coming on April 23, 2022. She shared that she will be handing out milkweed seeds from Noon-2pm; she is working with the school to get kids more involved in planting initiatives and a small packet of milkweed seeds can do a lot to support native wildlife. She shared about the book Nature's Best Hope by Douglas Tallamy and creating micro-waste stations outside of parks and schools for insects and monarch to receive food and rest the community is doing a lot to support the ecosystem. Darrin Rosha spoke with the Mayor earlier regarding his client Brad Erickson who would like to address the City Council. Brad Erickson,2485 Independence Road,noted he was on a bumpy road for a long time and is blessed to have the Patel family in his life as they delivered him from the clutches of God knows what.He also wants to honor Shelli and Tyler Maxwell Haft,the grandchildren of the original settler to the area.Mr. Erickson noted the City is named after Orono,Maine, and a very proud and dignified Indian Chief brought the name to Minnesota through Captain George Brackett. He thinks it is important to bring that history forward as well as the history of the founding fathers.Mr.Erickson is honored to have his brother Mike present,and also wants to touch on the Nygard family and that Mayor Walsh has made Mr.Nygard a very important member of the community. Mr.Erickson was blessed to feel the Nygard's companionship early on.As the City knows they crossed a bit of a line with Mr.Erickson on that deal and he took one on the chin for them.He stated they need to figure out as a community and a City how to heal.Mr.Erickson stated the City has 30 days. If in 30 days Mr.Erickson comes here and they have not settled the matter with this family(pointing to the rear of the room),he stated to believe him when he says "you will not be there the day after."He stated that is a promise, it is not a threat. Mayor Walsh stated they are done. Mr.Erickson replied he will be back. He shouted from the back of the room(inaudible). Jay Nygard approached the podium and said for anything related to the Nygards or anyone who is contrary to the Mayor/City Council,that is what happens but he has never seen them pull the clock on anything else. It is funny how angled they are with that.He knows what Mr.Erickson is here about and many others do,also.Mr.Nygard was born in Orono and noted it is hard to hold his emotions in when Page 2 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. dealing with such a character and he has not very affectionately coined the Mayor as"the weasel Walsh" because that is how he behaves in society. He plays games,nobody knows what is happening, and then it comes out.The crazy thing is all of these years and all of the things that have been done such as threatening Mr.Nygard's family,kids,his wife and her job,and their mortgage and it has all been documented.Mr. Walsh cleared his bluff and somehow got the City to ask Mound if it was okay. They got a neighbor to sue the City,to sue Mr.Nygard,and then appointed that person to a Commission for doing so,a new Commission created by the Mayor.The Mayor formed a company called Go Green Energy,LLC Corporation mirroring Mr.Nygard's Go Green Energy LLC and then used City funds, including the supposed lawyer here,to back up the ploy and has never once been held accountable for those actions.Mr.Nygard noted it is really fun watching the Mayor because he is fulfilling the descriptor Mr.Nygard named him,weasel,which is exactly how he is acting by looking around and playing games. Mr.Nygard remembers at one point the Mayor's kids would come down to Mr.Nygard's garage and want to hang out with him and he told them they were not his kids and why don't they go home and deal with their dad,to which they stated they did not want to go home.From what Mr.Nygard understands, these kids are not his favorites, he has other kids that are his favorites.He stated people that do not know Dennis Walsh,unfortunately,are fooled by Dennis Walsh and that he has been in lawsuits with his own family,has gotten in drunken bar fights, and has called the cops ass pipe fucks when they pulled him over he was so drunk.Mr.Nygard has not done any of that...this is what Mayor Walsh does and what he has perpetrated on society. Mr.Nygard really feels bad for Brad Erickson because Mayor Walsh used him to remove Mr.Nygard's products out of the City,he coerced Mr.Erickson,put a knee on his throat and said they as a City will not support his recovering money from Hennepin County unless he takes down Mr. Nygard's turbine.This was while Mayor Walsh filed Go Green Energy,LLC Corporation while on the Orono City Council.It is really sad that people uphere have not taken the time to look at Mayor Walsh Y and done one of the dozens of investigations Mr.Nygard has asked for related to that specific conduct. Mr.Nygard noted one other specific lie said by the Mayor. Mr.Nygard came up to the podium one time and asked everyone who had attended ethics training and that Mr. Walsh had to lie about that,look around, and raise his hand.Mr.Nygard said he has a couple more brain cells than Mayor Walsh because he actually did a data request and found out that Mayor Walsh never attended ethics trainings.Mr. Nygard knew the answer to the question and he knew exactly how Mayor Walsh was going to answer. Why?Because he is the weasel. Mr.Nygard closed by saying turbine guy, signing off. Mayor Walsh asked if anyone else would like to speak tonight. Crosby asked to speak and stated this behavior is despicable. Mr.Nygard shouted from the back of the room. Crosby replied Mr.Nygard had his time to talk and Crosby is also a citizen of this City and he is going to talk. Mr.Nygard approached the podium again with his wife Mrs.Nygard and said he appreciates that this time he was not interrupted angrily like last time and that they are able to control themselves unlike last time.But to sit here and take shots at him is ridiculous. Page 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. Mayor Walsh asked Mr.Nygard to sit down,noting his time is up. Mr.Nygard said yes sir,Mr. Weasel. Crosby said lambasting someone like that is not productive. Mr.Nygard shouted it is the facts and asked Crosby to tell him one thing he lied about,and of course the Mayor is going to call the cops because they will not face the truth. Mayor Walsh stated that is because Mr.Nygard will abide by the rules of the City Council. He again told Mr.Nygard to sit down. Mr.Nygard continued shouting and said he cannot wait until the federal court comes through and rules against the City Council's sorry asses for what they did to the Nygards recently. Then they will talk facts. Crosby stated that is what this is about,the legal issue. Mr.Nygard shouted it is about the Mayor being a weasel and doing what he has done,threatening his family all these years and everything else. Crosby said the first time he ever met Mr.Nygard the first thing he said to Crosby was denigrating Mayor Walsh. Crosby did not even know Mr.Nygard nor did Mr.Nygard know Crosby and those were the first words out of Mr.Nygard's mouth. Mr.Nygard shouted that is because Mayor Walsh deserved it. Mrs.Nygard asked to have her five minutes. Mayor Walsh stated they are closing the public comment time. Mrs.Nygard said First Amendment rights and asked Attorney Mattick to weigh in as they did not even make a motion to close the comment time. Attorney Mattick replied they do not make a motion to close the public comment time. If they want to honor Mrs.Nygard's five minutes they can. Mayor Walsh asked the woman to sit down. Mrs.Nygard replied she will not sit down and said"you can arrest me,honey." She turned her back on the City Council and sat on the podium. She stated she is not the person to do it to,she is disabled,and she is beyond pissed. Mayor Walsh told her to take her five minutes noting it just started and she can continue with the circus. Page 4 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. Mrs.Nygard replied there is no circus,Mr.weasel Walsh. She stated"you are a despicable human being" and said she regrets him ever moving into Orono. She regrets him ever becoming the Mayor of Orono. She stated Mayor Walsh is a sadist and gets pleasure out of watching people like Mrs.Nygard,her husband,and her children receive pain. She said now it is done, she moved to Florida five years ago to get away from people like Mayor Walsh and stated he can sit there for four minutes and fifteen seconds longer and squirm. She is so beyond this that she has moved 1,500 miles away.Mrs.Nygard stated the Mayor cannot like her husband and can hate her husband,she does not really care.But Mayor Walsh is at a point in his life where he has to deal with his maker and can look in the mirror and say he is a decent human being or is not a decent human being. Mrs.Nygard knows she is a decent human being and it is her First Amendment rights to sit up here for three more minutes. She asked how many more minutes she has,Mr.weasel Walsh. Mayor Walsh replied she has two minutes and forty-five seconds left. Mrs.Nygard concluded stating Mayor Walsh is an evil person who chooses to go after people and makes it his sole priority to let them have it through every legal avenue possible. She stated he cannot do anything more to them,half a million dollars in legal fees is gone for the Nygards. Guess what,what did Mayor Walsh say to Mr.Nygard the other day?"How did that house sale go for you?"Mrs.Nygard asked why would Mr. Walsh even know how the house sale went?Why would he even make a comment like that?She stated it is to be mean and malicious. Mrs.Nygard noted she does not need any more than two minutes to tell Mr. Walsh he is a weasel. Mayor Walsh stated they will adjourn the meeting for ten minutes. Mayor Walsh reopened the meeting. FINANCE DIRECTOR REPORT Finance Director Olson shared a slide noting they are at 21%of the budget on building permit revenue which is just a bit below where they would expect.However the winter quarter is a very slow time for home construction and permits being issued. COMMUNITY DEVELOPMENT REPORT 10. BIG ISLAND DOCK LICENSE REQUEST,SITE BI-6,JOE THULL Community Development Director Barnhart gave a presentation and shared that at the last City Council meeting Staff was directed to draft a license agreement for Mr.Thull to use a portion of right-of-way. The City would install a dock and Mr.Thull would dock a boat there. This is one of three options available to access inland property.The City Attorney's office has drafted a license agreement consistent with standards in the Code and the City Council's direction and the fee for the license is$6,000. Mayor Walsh stated Big Island is a bit different than Orono proper,noting one can have seasonal recreational use of land without structures or accessory structures, and what is being done is through City access of land that has had dock access in the past. Page 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. Crosby moved,Johnson seconded,to approve the Big Island Dock License Request as drafted. VOTE: Ayes 3,Nays 0. 15. LA21-000076—YARDSCAPES,INC. O/B/O LINCOLN DANFORTH, 1720 BOHNS POINT ROAD,REQUESTS,VARIANCES City Planner Oakden gave a presentation and stated the Applicant is proposing to replace the concrete block retaining wall within the 75 foot lakeyard setback. The property abuts Lake Minnetonka with a large slope along the shoreline.The City Council reviewed the application at the March 14,2022 meeting and gave the Applicant direction to follow the same footprint as the existing retaining wall and to work to bring the project closer to an in-kind replacement.The Applicant amended their original plans to follow the existing wall footprint.The existing wall is constructed of concrete block and the new walls are proposed to be constructed from boulders.By their nature,the boulders create a larger footprint then the existing concrete block creating a new expansion in the 75' lakeyard.A variance is required because of the sizing of the boulder material. Staff recommends approval of the variance as revised. The Applicant shared that he inherited the retaining wall,it is deteriorating, and is likely to collapse into the lake.He submitted photos to the Staff showing the mortar joints are falling apart and some of the blocks are starting to degrade. The reason they would like to use the boulders is because the adjoining property already has this form of boulder wall and it would have a homogenous,natural look. Mayor Walsh shared he does not see a practical difficulty and without that,one cannot get a variance.He has been out to the site and does not see any evidence of the wall failing. He would like to see evidence from the Applicant or an engineer's report.Mayor Walsh noted they have told everyone who comes before the City Council wanting additional square footage that the answer is no unless there is a real practical difficulty. The Applicant stated there is a very loose-fashioned footing with a trench that the wall was built upon.He noted he can get an engineer to come in and talk about the likelihood of the wall failing. Mayor Walsh would like to try to find a solution and work with the Applicant;however,the City Council has told others no in some very dire circumstances. He noted the City Attorney will tell him they must have a practical difficulty to give a variance and the City can be sued if they do not have something that is true and accurate.Mayor Walsh wants to help the Applicant get where he needs to go and is trying to help him because there is no visual evidence that the wall is going to fall over. Johnson suggested getting an engineer to look at it and then presenting the findings to the City Council. Attorney Mattick stated the City Council must vote yes or no by May 18 as that is the timeline for the 120 days. If the Applicant is working with an engineer they can email Ms. Oakden to get an extension. Johnson moved,Crosby seconded,to table LA21-000076 until the May 9,2022 City Council meeting.VOTE: Ayes 3,Nays 0. 15. LA22-000001 TIM& LESLIE OARE AND JOHN& MICHELE ABBOTT,2967 CASCO POINT ROAD(OARE)& 2941 CASCO POINT ROAD(ABBOTT)VARIANCES AND CONDITIONAL USE PERMIT Page 6 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. City Planner Curtis gave a report stating the Applicants own the properties on either side of 2965 Casco Point Road(formerly the Swenson property). The Swenson lot is nonconforming in area,width, and hardcover and the Applicants recently purchased the lot together and hope to split the property and combine each abutting piece with their own lot.The Applicants are proposing to maintain the existing buildings-the existing home will become part of the Oare property and the detached garage will go to the Abbott property.Because of the non-conformities,prior to approval of an administrative boundary line adjustment,variances will be required including a hardcover variance and guest house variance.Although the 3 combined lots currently exceed 25%the Applicants are proposing a total net decrease in hardcover of 813 square feet.The hardcover for the new combined Abbott parcel will have 26.8 %hardcover,and the new Oare property will have 25.6%.The Oares wish to maintain the full functionality of the existing "Swenson"home to serve as a guest house.A guest house use in the LR-1C district requires a minimum lot area of 1.0 acre in addition to a Conditional Use Permit(CUP). The resulting lot area for the Oare property is proposed to be 0.73 acre. Ms. Curtis stated the Applicants are requesting a lot area variance from the guest house acreage requirement as part of this application. On February 22,2022 the Planning Commission held a public hearing. There was considerable discussion surrounding the lot area variance to support a guest house CUP.The Commission seemed to generally support the application in spirit but felt that practical difficulty was not provided. The Planning Commission voted 5-0 to deny the requested variances as applied. Comments from neighbors, which are all supportive,were received and included in the packet. Staff recommends approval of the hardcover variance for both properties resulting in a net decrease. Staff continues to recommend denial of the lot area variance for the guest house use.The Oares are permitted to maintain plumbing facilities in the existing house with a restrictive covenant addressing the use as an accessory building with full plumbing. Mike Sharratt is an architect,although he is not designing anything for this property.He noted there are a lot of non-conformities and in granting permission for the requests they are curing a lot of those non- conformities.Mr. Sharratt has listened to a lot of applications and there is a lot of pressure due to the value of roe to do subdivisions to tryand get multiple non-conforming1 p p rty pots out of a large property. This situation is the opposite as the Applicants are trying to remedy and make things better.The Swenson lot is very non-conforming and is only 20 feet wide at the lake.There are easements being eliminated,the net decrease of hardcover,giving up the dock, and they are not asking for additional parking. On the merits of what will be a much better situation for the Applicants and for the City, it seems a reasonable ask. Mayor Walsh thinks it is great that they are putting lots together and cleaning things up.He has the same issue with the last application which is the practical difficulty for the guest house.He needs to know the practical difficulty in having a house that can be rented out or lived in. Mr. Sharratt noted the Applicants have already agreed that they will not be renting this out. It is only for friends and family and will be less occupied and have less traffic on Casco Point Road because of the combination. Mayor Walsh noted they could sell it one day and it might be something different.He would agree with Staff's recommendations. Ms. Curtis clarified the City has a covenant for guest houses that would be recorded against the property that would have the same restrictions that a plumbing accessory building has but also has the additional level of not being able to rent it or use it for home occupation.The Applicant is willing to sign a covenant restricting the use. Page 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. Mayor Walsh stated they do not meet the acreage requirement for a guest house. Johnson thinks there is benefit to the City by eliminating a lot. He stated they could leave it the way it is and have more intense use of the lot because it is an existing house.He went to the site today and noted the house is built into a hill and the removal of the house would have an impact that is unnecessary. Mayor Walsh clarified they do not need to remove it but could use it as an accessory structure with covenants on the deed;they just could not use it as a dwelling unit unless they want to keep it three lots as a house. The neighbor across the street shared that previously someone was living in the house when the Oare property was one piece. She does not know what has changed as it is not allowed now and thinks there were plans for a mother-in-law to live there. She stated maybe the rules have changed since then. Walsh moved,Crosby seconded,to approve the hardcover variance for both properties resulting in a net decrease. Johnson asked if the Applicant wants the City Council to vote on it. Curtis clarified if the hardcover variance is approved and the guest house variance is not approved,the building would be able to stay as an accessory building. Staff would be able to proceed with the boundary line adjustment but would not be able to grant the CUP for the guest house. Attorney Mattick noted once the property line is adjusted they will not be able to readjust it back to the existing situation. Mayor Walsh stated the City Council could table the item for the Applicants to take more time to think about all the information they received tonight. The Applicants replied in the affirmative. Walsh withdrew his motion for the hardcover variance. Crosby moved,Johnson seconded,to table LA22-000001 until the May 9,2022 meeting.VOTE: Ayes 3,Nays 0. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Edwards updated the City Council,noting the public works facility is out for bid with a bid date of April 26, 2022.He shared about the Human Resources Committee meeting where they spoke about updating the personnel handbook,a change in payroll vendors,and collective bargaining agreement negotiations this year. Page 8 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. MAYOR/COUNCIL REPORT Crosby and Mayor Walsh wished everyone a Happy Easter. Johnson had nothing to report. ADJOURNMENT Crosby moved,Johnson seconded,to adjourn the meeting at 8:30 p.m.VOTE: Ayes 3,Nays 0. AT T: a Carlson,City Clerk Dennis Walsh,Mayor Page 9of9