HomeMy WebLinkAbout06-27-2022 City Council Minutes MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,June 27,2022
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,Aaron Printup(arrived at 6:46 p.m.), and Victoria
Seals. Commissioner Richard Crosby III was absent. Representing Staff were City Attorney Leah Koch,
City Administrator/Engineer Adam Edwards,Finance Director Ron Olson,and City Planner Laura
Oakden.
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 JUNE 13,2022
2. CLAIMSBILLS
3. ANNUAL APPOINTMENT AMENDMENT-ADDITION OF BUDGET COMMITTEE—
RESOLUTION NO.7274
4. APPROVAL TO HIRE FULL TIME OFFICER
5. HENNEPIN COUNTY COMMISSIONER CHRIS LATONDRESSE
6. ANNUAL PUBLIC HEARING FOR MS4 STORM WATER PERMIT
7. LA22-000028,PETER ESKUCHE WITH ESKUCHE DESIGN,2605 NORTH SHORE
DRIVE,VARIANCES—RESOLUTION NO.7272
8. LA22-000017,JON RESSLER AND FRANK PLACHECKI,3683 NORTH SHORE DRIVE
AND 3685 NORTH SHORE DRIVE,LOT WIDTH VARIANCE FOR BOTH
PROPERTIES
9. NAVARRE PARKING LOT(PROJECT#21-040)
Johnson moved,Seals seconded,to approve the Consent Agenda as submitted.VOTE: Ayes 3,Nays
0.
PRESENTATION
HENNEPIN COUNTY COMMISSIONER CHRIS LATONDRESSE
Mr. LaTondresse noted local government is built on strong partnerships which are his main message
tonight;he promises to do his part to ensure the partnership between Hennepin County and Orono stays
strong.He updated the Council regarding the County government,beginning with a moment of
remembrance for those who lost their lives to Covid-19, including 2,630 Hennepin County residents,as
well as gratitude for the frontline workers,healthcare heroes, educators, and local governments. Mr.
LaTondresse noted over 74%of Hennepin County residents are fully vaccinated offering better protection
from the virus and putting everyone on the path to normalcy. He stated Hennepin County received a one-
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time allocation of$246,000,000 in federal funding through the American Rescue Plan Act(ARPA)and
his office convened listening sessions with mayors, legislators,school leaders,and small business owners,
as well as receiving responses from an online survey. The message heard from residents was that they
wanted the County to balance short-term emergency pandemic response with smart, longer-term
investments to build a better future. Housing stability, public safety,and supporting small businesses rose
to the top of the list. Mr.LaTondresse noted this region faces an intersecting crisis of homelessness and
affordability made worse by the pandemic. Hennepin County has assisted 5,800 households with more
than$48,000,000 in one-time emergency rental assistance dollars. While these funds offered a lifeline in a
time of crisis,it is not a sustainable or permanent solution. With the ARPA dollars, Hennepin County is
going big on long-term housing stability with a historic$91,000,000 investment with the goal to help
1,000 homeless residents and create 2,000 new, affordable housing units. Last year through the annual
HRA grants program the County invested$17,100,000 supporting 1,550 affordable units including
several District 6 projects. Regarding public safety,in 2021 they approved the Hennepin County
Sherriff's office request for 31 new deputies to fill gaps in serving critical areas of need,approved
$8,200,000 to expand the North Metro Public Training Facility in Maple Grove.They have also expanded
embedded social workers to eight new police departments with 22 social workers in 23 departments
serving 35 cities within the County. In 2023 Orono will join this coalition and it is a very promising
partnership. Mr. LaTondresse noted fully recovering from the pandemic means supporting small
businesses,the backbone of the community,and the County has provided nearly$70,000,000 through
CARES and ARPA in grants to small businesses,and established Elevate Business Hennepin County.
The Hennepin County Public Works Team wants to include a list of current and future County
transportation projects slated in Orono,and Mr. LaTondresse shared his personal gratitude for the great
collaboration between Hennepin County and Orono that has made these improvements possible.
Mayor Walsh noted one of the biggest concerns is the upcoming budget with the increase in property
values which is positive on one hand,and dependent upon the seven people who will vote on the budget
which directly correlates to the increase in the levy.He asked Mr.LaTondresse about it.
Mr.LaTondresse replied as part of the Minnesota Statute,Hennepin County is required to assess the total
value of property in Hennepin County on an annual basis and report that to residents.This is the
baseline/basis against which Hennepin County and other local taxing jurisdictions use to set the levy.
Like Orono,Hennepin County basically says"we collected X last year and we need to collect Y
percentage more"and take that from the total increased value of properties.The levy process will kick off
around the same time as Orono in setting the maximum levy; in going back two years they set a zero levy
which is an anomaly,and the previous year they set a 3.5%levy(he did not support colleagues who
wanted to go as high as 5%).He stated it would be irresponsible right now to commit to exactly what he
is willing to set it at,but gives the Council some sense about how he thinks about the topic.
Mayor Walsh noted part of the quandary, like any other City or County, is if the levy increases by 3%the
next year because of the high increase in property values this year,they will have a slow down or
recession with prices going down 10%.Now they must start cutting costs because they do not have
enough money coming in.
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Mr.LaTondresse replied what Mayor Walsh is describing reflects the old mill-rate system which expired
in 1988. He noted they do not set a tax rate but set a max levy which is in reference to the amount of
money collected this year. If they set a 3.5%levy this year in the face of roughly an 18%increase in
property values it will not translate to an 18%levy increase. He noted it does not go up dramatically or
down dramatically which is why the State changed the system.
Johnson asked how Mr. LaTondresse's district compared in property tax increase assessments versus the
other districts.
Mr. LaTondresse invited the City Council to participate in a meeting on Wednesday evening which will
go over property value increases and the impact on individual property taxes.Broadly speaking in
Hennepin County it has gone up 18%in value,Wright County was at 18%, Carver County at 20%, so in
terms of assessed values Hennepin County is pretty comparable, noting Orono was about 24-25%.
Johnson clarified his question he is curious about minimums and maximums within Hennepin County,for
example downtown Minneapolis.
Jim Atchison,County Assessor,stated all of the reports are based on City and suburban versus
Minneapolis,so he does not have one that goes right to the districts, although he can get it for the City.In
general starting in Minneapolis,the further West and North one goes the higher the increase and the
higher the value of the residential property,the higher the increase. Western Hennepin had higher
increases than the inner core of Minneapolis in single-family residentials.Bloomington increased more
than Richfield.Edina increased more than East Bloomington,etcetera.Mr.Atchison said overall the City
of Minneapolis had an increase of 6.9%with residential single-family up about 8.6%,apartments are up
7.3%, and commercial is up 4%.
Johnson asked for the breakdown for Orono.
Mr.Atchison shared for the City of Orono,single-family residential is up 21.9%,apartments are up
10.5%,commercial is up 13.7%,and a small sample of industrial is up 5.4%. Overall in the entire City the
increase was 24.1%.
Johnson noted Orono is seeing a 3X increase of values and asked if that translates to the amount of
resources that come directly into their district or if they are disproportionately spread throughout
Hennepin County?In other words,Orono is generating more money for more improvements through this
tax increase,but does it stay here?
Mr.LaTondresse replied property taxes account for about 1/3 of Hennepin County's budget overall and
the primary function of Hennepin County is human services. Those services are not geography based but
follow residents where they are eligible for those programs and benefits so that is where those dollars go.
There are other areas that budget directly into place-based investments such as public works, libraries,
roads and bridges,housing investments,and there is concerted effort to make sure there is an equitable
distribution of those resources County-wide. In looking at it in aggregate,where there is a higher
concentration of residents living in poverty,there is probably a higher percentage of those program
dollars going in that direction. Other things funded through property tax dollars include Sheriff's budget,
courts,County Attorney Office,and all of those services.
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Johnson thinks there is a growing concern that the expenses of Hennepin County are being
disproportionately assessed to the suburbs. He thinks these assessments are somewhat a reflection of
those concerns which is why he asked these questions.
Seals stated the City of Orono has heard from many residents,specifically those who have been in their
houses for a long time and are not selling their houses. Going up$200,000 when one is not going to sell
their house does not do a darn thing for them and is actually pricing many of them out of their houses. In
talking about 1/3 of income going into housing, doing these massive value increases does absolutely
nothing for the bulk of people and actually hurts the citizens. She noted it is a fake number in many ways
and she encouraged Mr. LaTondresse when thinking about these levies and saying 3.5%...she says zero.
Seals thinks of her dad who is not selling his house,he is retired and his income has not changed,noting
he is fortunate because he has saved all his life. However it does not make sense for all of the residents
and it does not matter if one is in Minneapolis,Bloomington, or wherever,all these increases are hitting
when everyone knows they are potentially going into a recession. She encouraged Mr. LaTondresse to be
very scrupulous in that number and it is actually hurting more than anything.
Mr.LaTondresse noted the County is hearing from residents that property taxes are actually pretty
regressive and they tax based on what assessed value is. One double-whammy is that values have gone up
and the State has not modified its homestead exclusion;this means a homesteaded property is taxed at a
different rate($414,000)and he thinks that is an important area of advocacy for all of the local
government jurisdictions.As the residents are feeling this pressure,they can say they must do something
about the homestead value market exclusion to protect the kind of residents Ms. Seals is describing.
Seals stated homestead or not she thinks there are some other levers they can pull.
Mayor Walsh thanked Mr.LaTondresse and Mr.Atchison for coming.
PUBLIC HEARING
6. ANNUAL PUBLIC HEARING FOR MS4 STORM WATER PERMIT
Edwards stated as part of the MS4 permit they must hold a yearly public hearing and give a review of
efforts regarding the permit. He gave a presentation on the permit,noting it is to protect the City's water,
including rivers, lakes,and water systems. The City must have a storm water pollution prevention
program and will be going through an update process this year.Edwards noted they must also initiate best
management practices and have measurable goals,as well as submit reports,make sure ordinances are in
compliance,and track everything. Storm water compliance activities include several storm water projects
in conjunction with street projects,numerous erosion control inspections, 115 storm water inspections, 10
structural repairs/replacements,the grass and leaf disposal program, and met all requirements for
publishing to newsletters and the website. He noted street sweeping activities are also a big part of the
City's storm water management program removing debris and keeping phosphorous out of the water
system.
Mayor Walsh opened the public hearing at 6:34 p.m.
A man approached the podium [inaudible yelling].
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Mayor Walsh stated he will have to wait until the public comment time.
[Continued inaudible yelling.]
Mayor Walsh stated they would take a five minute recess. He resumed the meeting at 6:37 p.m.
Jay Nygard, 1386 Rest Point Road,asked if Mr. Edwards has any plans to deal with the storm water
drainage issue on Rest Point Road that causes water to go onto his property but also onto 1380 and 1390
Rest Point Road.
Edwards replied they will continue to maintain the system but do not have any projects.
Mr.Nygard clarified there is no plan to fix the storm water drainage on those three properties?
Edwards replied they have no plans to alter the drainage system on that road.
Mr.Nygard is wondering when City storm water will stop entering his property and if there is a plan.
Edwards noted the City assisted Mr.Nygard with how the storm water was entering his property and how
he might fix that.
Mr.Nygard asked how he might fix City storm water entering his property?How he might fix it?It is his
job to fix his property to prevent City storm water from entering?
Edwards replied Mr.Nygard, like any other property owner in the Country has responsibility to maintain
their own property.
Mr.Nygard has explained and shown Edwards City storm water is entering the two houses on the side,he
brought plans to the City,and they have done nothing.He is curious whether there is a plan or if Mr.
Nygard is on his own regarding storm water entering his property.
Edwards noted there are no current plans to alter the storm water system on Mr.Nygard's road.
Mayor Walsh closed the public hearing at 6:40 p.m.
ZONING REPORT
7. LA22-000028,PETER ESKUCHE WITH ESKUCHE DESIGN,2605 NORTH SHORE
DRIVE,VARIANCES—RESOLUTION NO.7272
Peter Eskuche,Applicant,was present.
City Planner Oakden noted the Applicant is requesting variances to construct a new house,including a
building,hardcover and retaining walls in the 75 foot lakeyard, a sideyard setback and lot area variance,
as well as a wetland setback and 75 foot lakeyard setback for proposed entrance monuments.The
property has an inlet for Lake Minnetonka that encroaches into the lot establishing the 75 foot setback on
the lakeshore and the inlet.They are proposing to build a new home and replace the existing structure;the
existing home sits forward of the 75 foot setback around 18 feet from Lake Minnetonka. The variance
application was approved on the site in 2019 and has since expired.The Applicant designed a home to
improve the current setbacks in a similar setting as the 2019 proposal, is moving the home further back
from the lakeshore,removing encroaching hardcover,and moving the house closer to the east property
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line to move away from the inlet setback.The Applicant depicts a new location of entrance monuments
(the property currently has monuments that could be maintained)and is requesting a 5 foot setback from
the edge of the wetland where 25 is required and it is within the 75 foot setback from the inlet.The
Applicant states the inlet is the practical difficulty and the existing conditions of the site for variances and
notes they are improving many of the non-conformities. Staff finds the wetland buffer and lakeshore
variance to allow for new entrance monuments is a convenience and not necessary for the property and
does not support that variance. On June 21 the Planning Commission held a public hearing and
Commissioners discussed the entrance monuments and provided feedback but noted the proposed
placements of those monuments did not meet the standards.No comments were made during the public
hearing and the Commission voted 6 to 1 following Staff's recommendation. Staff recommends approval
of the variances associated with new house construction and denial of the variance associated with the
entrance monuments.
The Commissioners discussed the monuments,noting the Applicant is making them quite a bit smaller.
Peter Eskuche, 18318 Minnetonka Blvd,Deephaven,clarified the red monument on screen is to be
removed and the green is proposed.Part of this is safety for the family and the other part is the amount of
distance in the descent from the highway is very tight for trucks to back out.
Johnson moved,Seals seconded,to approve LA22-000028,2605 North Shore Drive,variances as
written,and approving the variance for the new gate noting the other monuments must be
removed.VOTE: Ayes 3,Nays 0,Abstain 1 (Printup).
8. LA22-000017,JON RESSLER AND FRANK PLACHECKI,3683 NORTH SHORE DRIVE
AND 3685 NORTH SHORE DRIVE,LOT WIDTH VARIANCE FOR BOTH
PROPERTIES
Jon Ressler,Applicant,was present.
City Planner Oakden gave a presentation on the item,noting neighboring property owners are looking to
complete an administrative boundary line adjustment.Moving the boundary is a Staff administrative
action as long as no new non-conformities are created or existing non-conformity is not increased. The
request to move this property boundary increases the non-conformity of lot width so a variance is
required. Each property will require lot width variances in order to allow the adjustment.At 3683 North
Shore Drive the lot width will decrease at the 75 foot lakeyard setback from 54 feet to 52 feet and at 3685
North Shore Drive the lot width will decrease from 92 feet to 82 feet at the Ordinary High Water Level
(OHWL).The new property boundary will maintain the same lot areas overall.The proposed new
property line will improve many non-conformities on both parcels. Building set back, overall hardcover,
and lot width at the OHWL will improve for 3683 and the new property line will be moved off the
existing driveway bringing that driveway setback closer to conformance for 3685.On May 16 the
Planning Commission held a public hearing and discussed support for the application noting
improvements for hardcover calculations and building setbacks were important improvements. Staff finds
the lot width variance may be supported by practical difficulty; Council is asked to discuss and provide
direction for Staff to draft a resolution for this item.
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Mr. Ressler noted this is a weird lot design that goes back to when it was platted.He is the third
generation to live on the site and his father and Mr. Plachecki agreed to change when the house was
rebuilt in the 1990's to allow Mr.Plachecki to have a little more parking and the yard to be more in-line
with the home.He noted if the property were ever to be sold it would be a problem because Mr. Ressler's
property line goes over Mr.Plachecki's driveway.
Mayor Walsh asked if there were any public comments.
Jay Nygard, 1386 Rest Point Road,went before the City Council recently asking for a minor property
adjustment and they found one little minor technicality in order to deny him. If the City Council is going
to be consistent he does not see how they could have possibly denied his property line adjustment and
allow it in this case,unless they will go back and visit what happened with him before.He noted he was
making everything better on both properties, decreasing hardcover,removing illegal structures,and he
sees a similar application here and wonders why they are all working so hard to do it.
Mayor Walsh replied when they looked at Mr.Nygard's application it was creating a very tough practical
difficulty.
Johnson moved,Printup seconded to direct Staff to draft a resolution for the approval of the
variance on LA22-000017,3683 North Shore Drive and 3685 North Shore Drive.VOTE: Ayes 4,
Nays 0.
9. NAVARRE PARKING LOT(PROJECT#21-040)
Edwards stated the Community Development Department has been working on some community
engagement and a feasibility study for the Navarre Parking Lot. The action item tonight is approval of the
design for the actual construction of the parking lot.He noted there are insufficient funds in the
Community Investment Fund to pay for this project in its entirety.
Mayor Walsh stated that is because the project has been expanded and the City has PIR funds for one-
time projects to help them out and there are plenty of funds in there to get this accomplished. Typically
they like to replace those funds over time,although they do not have to make a decision until the fall.
Mayor Walsh opened public comments.There were no public comments.
Johnson moved,Printup seconded to direct the City Engineer to move forward with engineering
and design for Navarre Parking Lot and accept Bolton and Menk's proposal.VOTE: Ayes 4,Nays
0.
PUBLIC COMMENTS
Gabriel Jabbour thanked the Council members who wanted to meet with him,noting he chose not to meet
because it is contradictory to his comments at the last meeting that it is counterproductive to talk to them
individually.He said it is painfully obvious that changing the public comments to the end of the agenda is
not helping. By now everyone could have left and attended to their business.He said wherever the Mayor
goes a lot of controversy surrounds him and it is embarrassing to Mr.Jabbour to be called a former Mayor
of Orono as Mayor Walsh has brought the bar so far down.Mr.Jabbour noted Mayor Walsh hid behind
the newspaper tonight and he would say"be a man,take it in the face,deal with it,as unpleasant as it was
for all of us and it will be behind us someday."Mr.Jabbour does not think it will be behind Mayor
Walsh. It is equally as embarrassing that Mayor Walsh walks barefoot through City Hall because he is
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running away from what is coming at him.Mr.Jabbour would like to talk about the Fire Department issue
noting when he was involved with the City one of the most distasteful things was to be accused of being
up to no good with Long Lake.He sat next to a former Mayor when the City of Orono tried to stick it to
Long Lake and Mr.Jabbour offered to pay all their legal fees.The most important part is their behavior to
the sister City of Long Lake and Mr.Jabbour believes they are burning the City down and taking them
into the sewage. He does not think this is going to go away.
Tim Hultmann,280 Lakeview Avenue,Long Lake, is a former Mayor,former Planning Commissioner,
and former City Councilman. He noted the Mayor was not here to see him a couple weeks ago and the
Mayor is probably not a good representative for the City of Orono.Mr.Hultmann cannot say the bad
words he would like to say and stated in Long Lake people get to come speak right after the agendas but
for as much deflection as possible,Orono put other people up front tonight. He noted the Mayor running
out is probably the most cowardly thing he has ever seen from a person representing a City.He feels sorry
for Mr. Walsh.
Mayor Walsh replied he feels sorry Mr.Hultmann.
Mr. Hultmann hopes the people of Orono are smart enough to not re-elect Mr. Walsh.
Mayor Walsh asked if anyone else,any other clowns,wished to come forward tonight.
Barbara Schmidt,50 Landmark Drive,will not take any questions or comment due to the pending mayor
lawsuit,27CB217769,in case anyone would like to look it up. Sadly City of Orono employees were sent
to Bederwood Park big woods to blow off topsoil and cut down hundreds of seedling trees and native
plants on June 23,2022. When asked to stop they said no. Why?Because the City of Orono is not
listening to 95%of the citizens who do not want their parks developed for niche activities. Instead the
City installing an unsafe public mountain bike course that one of the Orono Westonka team coaches said
would be up to the parents to monitor in a June 7,2021 Park Commission work session. Ms. Schmidt read
a statement from the Director of the University of Minnesota Center for Forest Ecology,Lee Frelich,who
is the foremost expert on big woods and has documented that Bederwood is big woods:
"Regarding your question about blowing leaves and cutting native plants: both are damaging by
exposing the soil to erosion over a longer part of the growing season. The leaf litter would normally take
until July to be eaten by earthworms so if they are removed earlier it would lengthen the time during
which the soil is exposed. The plants will have a major setback from being cut, exhausting their energy
supply, and the root system to grow foliage which is harder to do after the canopy is leafed out and there
is little light available. If they are cut repeatedly they could die further exposing the soil both due to lack
of above ground leaves, intercepting rainfall, and reducing the speed with which it hits the soil, and of
course the lack of roots holding soil in place. There are other issues reducing native plant cover such as
disrupting the plant pollinator network and reducing habitat quality for nesting birds and other wildlife
species."
Jay Nygard, 1386 Rest Point Road,approached the podium and stood without speaking.
Kendall Nygard, 1386 Rest Point Road and 5658 Judith Road Bokeelia,FL,stated her husband is a
veteran and she thanked Councilmember Printup because he has recognized veterans. She noted Mr.
Nygard gave his life,potentially,to be able to stand up here and be in silent protest to Mr. Weasel Walsh
who everybody thinks is a weasel. She noted he calls the residents clowns for being up here. She asked
who is the clown? She sees item 10 coming up here and she better get a hell of a lot more than three
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minutes to talk about the emergency slope failure. She stated when they come to vote on that item,she
has so many quotes on how they have all said all the right words and taken it upon themselves to get
elected about not having special interests...unless your name is Weasel Walsh...she said to just call it
what it is: a barn burner. If one wants to look at a clown coming up to be scrutinized,Ms.Nygard cannot
wait for the clown car to pull up and"you to get in it,buddy."
FINANCE DIRECTOR REPORT
Finance Director Olson gave a presentation earlier at the work session and has nothing more to report this
evening.
COMMUNITY DEVELOPMENT REPORT
10. 1354 REST POINT CIR,DENNIS WALSH,EMERGENCY SLOPE FAILURE—
RESOLUTION NO.7273
Mayor Walsh recused himself from this item.
Attorney Koch noted due to the Conflict of Interest, Mr. Walsh would be disqualified from participating
or from voting,and will have to pass the gavel.
Mayor Walsh gave the gavel to Councilmember Printup.
Staff presented a summary packet of information. Oakden noted the resolution is for adopting or
amending the emergency repair of a lake slope.A variance application was submitted on June 22,2022 to
repair a retaining wall at 1354 Rest Point Circle.The repair of the wall indicates a footprint expansion to
support the slope of the lakeyard leaving the existing walls in place.A soil engineer has provided
documentation showing that the slope failure is imminent and in need of emergency repair.Part of the
City Code 72-1726 says slope failures have a direct impact on the health and welfare of Orono residents
and a timely response to such events is important for the protection of the natural resources. Emergency
repair shall be defined for the purposes of the article as"activities necessary to stabilize a failing slope or
prevent the imminent failure of the slope in the opinion of the City Engineer."A recommended correction
of the slope failure is to construct those new walls in front of the existing walls. A building permit and a
variance is required to allow the new footprint expansion of the retaining walls within the lakeyard.The
City Engineer has reviewed the letter and additional information and can provide and comment on the
analysis.
Members of the audience called out.
Johnson noted he is fine with members of the public who want to speak.
The builder from Recreations Unlimited noted it is a process of putting timbers in front of the existing
wall,manta ray earth anchors in the wall down 20 feet,with an additional wall on top with anchors going
down 15 feet.He noted with a heavy rain it is imminent that the slope is going to fail. One cannot get a
barge or backhoe to the site to do the repair so this process is keeping it the way it is and will erect in
front of the wall so there is no disruption of the earth around it. He explained about the engineering of the
wall.
The councilmembers asked clarifying questions about the process.
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Printup is okay with members of the public asking to speak,but he stated there will be no name-calling
and asked people to keep it to about 30 seconds.
Kendall Nygard asked the builder if the clear-cutting of the bluff that happened two years ago and the
City of Mound was consulted on that: could that cause erosion and imminent failure?
The builder does not know how to comment on that without seeing the site.
Ms.Nygard stated wouldn't trees and roots keep soil intact?That bluff was clear-cut two years ago and
she asked what date the engineering report was published.
The builder replied the report he is working with was about 2-3 weeks ago.
Ms.Nygard noted it was not submitted as part of the public comments to show this was done nine months
ago. If it is imminent failure and people are walking down to boats and using their docks, shouldn't there
be crime scene tape up and concern?
Johnson noted the builder is not on trial here and Ms.Nygard can address the City Council.
Mr.Nygard asked to give the actual wording of two City documents. He noted this gentlemen in a
document said that last fall was when he inspected this,so it has been months and months.If it really was
this imminent thing,one would think it would have been dealt with over the winter. Secondly, he drove
by and there is no tape,nothing,and two different families are going up and down to use their boats.
Another issue Mr.Nygard noted as Ms. Oakden said this will be a real test of the ordinance;Mr.Nygard
asked what do you mean"test of an ordinance?"The ordinance is for failing slopes for temporary
emergency repairs until a plan can be installed.That is not what this is,this is for a permanent repair
without a public hearing.There is no emergency and there never was.This could have been dealt with
over the winter,over the spring,and dealt with in time.This emergency game going on seems to Mr.
Nygard to be an avoidance of having a public hearing that could affect the project. Mr.Nygard said to not
misinterpret this Code section as it is for emergency,temporary repair until a permanent repair is in.
There is no danger,they are using the damn stairs.Mr.Nygard said he is sorry but he does not believe the
builder when he says a barge cannot get up there.Finally, one can always remove the retaining walls and
restore the natural slope:there are more solutions here than making things worse,avoiding public
hearings,and trying to hide the Mayor.
Dennis Walsh, 1354 Rest Point Circle,answered Mr.Nygard's question noting the family is concerned
every time they walk down as it is the only way to get down to the lake. If one reads the attached letter,if
the slope goes,the stairs go, and everything goes into the lake.Yes,Mr. Walsh worries every time he
goes down but things are down there and yes they are taking the chance to go down there.All it takes is
one rain as the wall is going out and has completely deteriorated.He noted the issue is that the temporary
fix happens to be the permanent fix as there is not a temporary fix for the wall falling down.They cannot
take the wall down because the slope will also go down. Mr. Walsh stated he is actually losing deck space
because it is a walking deck down there.He noted it is a problem and it needs to get fixed right now
before something happens.
Johnson clarified they have an engineer's report saying it is failing and he does not know what else one
would have the Council do.This is the first time it has gone through and the reason is because it took a
Page 10 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,June 27,2022
6:00 o'clock p.m.
previous person multiple weeks to get something fixed and the City Council wanted to come back with a
process.The question raised by Staff was what happens if someone had additional hardcover as the tops
of retaining walls are counted as hardcover.Johnson noted the Applicant is doing like-kind and going
timber wall to timber wall without changing the type of wall.He stated this was in place to expedite
things so everything does not go in the lake; he said the engineering report is enough for him.
Mr.Nygard shouted Mr.Walsh knew last fall.
Johnson understands that and said now what is in front of the City Council is an engineering report saying
there is a failure that qualifies for the emergency status that the City did.
Johnson moved,Seals seconded,to approve attached Resolution 7273. VOTE: Ayes 3,Nays 0.
CITY ATTORNEY REPORT
Attorney Koch had nothing to report.
CITY ADMINISTRATOR/ENGINEER REPORT
Edwards had nothing to report.
MAYOR/COUNCIL REPORT
Mayor Walsh stated it is summertime and Corn Days is coming up,there will be 4th of July fireworks
coming u,and he asked everyone to be safe,enjoy the weather, and be sure to hydrate in the heat.
ADJOURNMENT
Walsh moved,Seals seconded,to adjourn the meeting after a five minute recess at 7:34 p.m.VOTE:
Ayes 4,Nays 0.
CLOSED SESSION
11. THE MEETING WILL BE CLOSED AS PERMITTED BY SECTION 13D.05,
SUBDIVISION 3(C),TO CONSIDER AN OFFER TO PURCHASE CITY OWNED
PROPERTY IDENTIFIED AS PID: 3411823320050
ATTEST:
j4/7‘4--
Anna Carlson,City Clerk Dennis Walsh,Mayor
Page 11 of 11