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HomeMy WebLinkAbout07-11-2022 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 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,Richard Crosby III,and Victoria Seals. Council Member Aaron Printup was absent.Representing Staff were City Attorney Soren Mattick,City Administrator/Engineer Adam Edwards,Finance Director Ron Olson,and City Planner Melanie Curtis. 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 27,2022 2. COUNCIL WORK SESSION MINUTES OF JUNE 27,2022 3. CLAIMSBILLS 4. APPROVAL TO DISPOSE OF FIREARMS 5. APPROVAL TO DISPOSE OF PROPERTY 6. NORTH SHORE RAVINE STABILIZATION PROJECT(22-028)—AWARD 7. WATERMAIN REPLACEMENT PROJECT(22-023)—RE-BID 8. APPROVAL OF HENNEPIN COUNTY ASSESSOR'S CONTRACT 9. LA22-000017—JON RESSLER AND FRANK PLACHECKI,3683 AND 3685 NORTH SHORE DRIVE,LOT WIDTH VARIANCES—RESOLUTION 7270 10. LA22-000024—SHARRATT DESIGN OB/O THE OWNER"3350 FOX STREET LLC", 3350 FOX STREET,GUEST HOUSE CUP—RESOLUTION NO. 7275 11. DESIGNATE MEDSURETY LLC AND MATRIX TRUST AS HRA TRUSTEE— RESOLUTION NO. 7276 Crosby moved,Johnson seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PRESENTATIONS 12. TOUR DE TONKA Tim Litfin gave a presentation on the Tour de Tonka event coming up on Saturday,August 6,2022.This is the 17th Annual event with 39,373 riders from 44 states putting on 295 miles altogether over the years. He stated this is a popular,high energy event for all ages with music at every rest stop,and stressed the importance of the 2022 sponsorships including the City of Orono and he shared they are raising money for the ICA Food shelf.Mr.Litfin shared the website www.tourdetonka.org where people can register to volunteer or ride. Page 1 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 11,2022 6:00 o'clock p.m. 13. LAKE MINNETONKA CONSERVATION DISTRICT(LMCD)UPDATE—RICHIE ANDERSON Richie Anderson gave a presentation and stated he is the treasurer of the LMCD and chair of the Finance Committee.He noted they used to charge the AIS levy(Aquatic Invasive Species)and nothing had been spent so they put that line item at zero;therefore,$11,500 will be saved in 2022. He spoke about the 2023 budget and stated they worked from the bottom up and found an additional$7,271 in savings for the City of Orono.The strategic goal of finance is to fund reserves of 30-50%which is recommended by the auditor.He noted the Committee came in at 35%and to distribute the excess over 5 years. Mr. Anderson spoke about milfoil treatment in Crystal Bay,the LID(Lake Improvement District), weed eradication,and a listening session held regarding wake boating. Mr.Anderson stated the Council knows how he feels about the issue of wake boating and if the wake ban was passed it would affect 5 out of 5 marinas in Orono. COMMUNITY DEVELOPMENT REPORT 14. LA22-000027—AMY SWANSON,4025 WATERTOWN ROAD,SKETCH PLAN Brian and Amy Swanson,Applicants,were present. City Planner Curtis gave a presentation on the item,noting the goal tonight is to provide non-binding feedback on the Applicant's proposed sketch plan for a front lot/back lot subdivision.The property has approximately 13 acres in area and 270 feet in width at Watertown Road,based on Hennepin County information.The property is in the RR-1A zoning district which requires a minimum of 5 acres and 300 feet in width.According to Hennepin County's natural resource map there appear to be wetlands on the property.The property is outside the City sewer and water areas and in areas not served by sanitary sewer. Each newly created lot must meet the total minimum acreage requirement and can contain as little as two acres of dry contiguous buildable land for a subdivision. The Applicants are proposing to split the current parcel into two lots with an existing home on one front lot and a back lot configuration.The front lot would front on Watertown Road.The back lot would have street access from a shared driveway established in a 30-foot wide outlot.The back lot is required to meet 150%lot area standards which would require 7.5 total acres. Each lot would be required to provide its own septic and well.Ms. Curtis noted the Applicant's proposal to create a substandard front lot would require lot area and lot width variances.On June 21,2022 the Planning Commission discussed the Applicant's sketch plan.No public hearing was held for this item.The members of the Commission were in agreement with staff that the project does not conform to the zoning standards. The Commissioners noted that they could not support variances. Staff does not support the subdivision as non-conforming lots would be created which would be inconsistent with the zoning code and the comprehensive plan. Brian Swanson stated in the current market with lack of inventory and many friends and family who have been looking for buildable lots,he thought with his 13 acres he would start the process to see if it is even a possibility to split the lot.He shared about the property noting the first section,a fenced area around the house,trees beyond,and stated they have received a verbal confirmation that there are two septic locations available on the front lot and an alternate section on the other lot.He shared about a natural creek running thought the property that is a natural dividing line. Mayor Walsh noted the City is pro-development,however they do not create non-conforming lots. He shared if the Applicant creates a conforming lot,the City Council would be all-in. Page 2 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 11,2022 6:00 o'clock p.m. Crosby noted it is not a practical difficulty. If the Applicant can create two conforming lots it would be okay. Johnson noted another way to get more use out of the land is to put in a guest house.He checked with Ms. Curtis on whether that is an option. Ms. Curtis replied that is true. Mayor Walsh stated the Review Committee will be looking at proposed ordinance and Code changes to the guest houses.Right now one cannot use a guest house for a dwelling but they will be looking at certain zoning districts or certain amount of land one may be able to allow a dwelling for family members.He noted they do not want people renting them out but if people have elderly parents or young people coming home from college it might make sense. 15. LA22-000029—JOHN PETERSON,2880 FOX STREET,VARIANCE John Peterson,Applicant,was present. Ms. Curtis gave a summary presentation on the item,noting this application is regarding a height variance for an accessory building on a 3+acre property. City Code limits maximum height for all buildings at 30 feet and further stipulates that accessory buildings cannot exceed the height of the home on the property. Mr.Peterson applied for a building permit to construct a pole building on his 3.17 acre property with a proposed peak height of approximately 17 feet(defined height is 15 feet).The existing home is a one- story walkout rambler with a peak height of approximately 16 feet(defined height is estimated to be 12 feet).A permit could not be issued and the Applicant has requested a height variance. Ms.Curtis said although the pole building will be well below the permitted 30 foot defined height limit and will be located behind the home on grade approximately 10 feet lower than the grade of the home, its height is still limited by the height of the home itself.According to the owner,reducing its height to conform significantly reduces its functionality for the planned use. In June the Planning Commission held a public hearing and speculated about the intent for the additional accessory building height limitation.They suggested the City Council consider a text amendment regarding this provision and voted 6 to 0 to deny the motion due to lack of practical difficulty. Staff recommends denial of the variance request. However, Staff concurs with the Planning Commission's recommendation that Council consider initiating a text amendment process to remove or modify this restriction from this zoning district. Mr. Peterson showed photos of the property showing the downward slope of the proposed pole barn.He noted the height of the building is related to overhead venting for dust collection and woodworking,or possibly a car lift.He noted the house is a walkout rambler and on the back side the home is actually two stories but due to the way defined height is calculated it does not increase the height at all. Crosby asked how tall the front of the house is. Mr. Peterson replied it is about 15.5 feet and the rear is approximately 22-25 feet. Crosby clarified the Applicant is looking to make the accessory building 17 feet in height. Mr. Peterson noted 17 is the peak height but defined height would be 15 feet and the defined height of the house is about 12.5 feet. Page 3 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 11,2022 6:00 o'clock p.m. Mayor Walsh noted it is not a practical difficulty so the City cannot give a variance for that.However,the good news is that this is a good thing to bring to the Code Review Committee which Mayor Walsh and Johnson are on. The goal of the committee is to look at things such as this;when someone has bigger acreage, if the Code Committee made a change Mr.Peterson would not even have to come back to the City as long as the proposed design meets the setbacks. He noted right now they would deny the variance but would recommend Mr.Peterson bring the issue to the Code Review Committee to be looked at. Seals moved,Johnson seconded,to deny LA22-000029,2880 Fox Street,Variance.VOTE: Ayes 4, Nays 0. The City Council gave guidance to recommend the Code Review Committee review this item. PUBLIC COMMENTS Crosby asked to add one thing to the public comment time: he asked that public comments be made in a respectful manner.He clarified they should be respectful to oneself,respectful to the Council,and respectful to the citizens of Orono. He thanked the public and noted the City Council welcomes comments. Brad Erickson,2485 Independence Road,Independence,has had a business in Orono for quite a few years.He was present 2 weeks ago and personally delivered a thumb drive to City Administrator Edwards with a couple of videos from this Mayor. He is not sure if everyone has had a chance to view these videos. Suffice it to say,he is present tonight to ask the City Council for help.They need to move forward with a resolution of censure for this Mayor. In 45 years,Mr.Erickson has never, ever,been more serious about anything.He noted he has been sick to his stomach for three months because of this,because he thought they were done. Mr.Erickson was hoping Mr.Printup would be present tonight as he has been helpful,and Mr.Edwards has been helpful,as well.Mr.Erickson does not do politics,the City Council knows what he does,and he asked to quit acting like they do not know each other because he expects they will get to know each other a whole lot better in the next couple of weeks.Mr.Erickson's attorney is on vacation this week and Mr.Erickson is asking the City to have a vote on this,stating the material coming out of this office in this City is unacceptable and cannot be permitted to continue. However they need to do this,whether through attorneys or making a motion to put this on the next agenda. Eric Vogstrom,2710 Pence Lane,commented on the wake board surfing issue,noting he has a wake boat and his kids really enjoy it and he hopes the Council can support the residents. Barbara Peterson, 1261 Arbor Street, is a former Orono Park Commission member and former City Council member,as well as a four term Mayor and sat in the seat where Mr. Walsh sits. Having sat in that chair for years she was thoroughly embarrassed to witness and watch the video of the last City Council meeting. She noted Mayor Walsh has a motto in the newsletter every quarter which states"my motto is citizens first and that will never change."Ms. Peterson thinks Mr.Walsh probably wants to remove that from his newsletter.The fact that Mayor Walsh referred to two former mayors(one from Orono and one from Long Lake)as clowns and then very disrespectfully put a newspaper in front of his face while one of them was speaking is totally unacceptable. Mayor Walsh should care more about the job he is doing for the residents in this City than his own ego. Page 4 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 11,2022 6:00 o'clock p.m. Mayor Walsh thinks Ms.Peterson should be more respectful and the people that come up to the podium should be more respectful.He asked Ms.Peterson if she knows the people that come up to the podium have sued for defamation because they made things up about him and they yell at the City Council? Ms.Peterson replied this is her time for public comments,Mr.Mayor, and she is only referring to him as Mr.Mayor because she respects the office,not him. She continued saying the fire department has become an issue and when the department was moved Ms.Peterson was involved in that and she would like to volunteer to help with those negotiations.When it happened years ago both sides had to give and take,she thinks it may be worthwhile for another side to be put into the mix to come to a resolution. She has received comments and phone calls about the issue and thinks Orono can do better than this,which is why she would like to volunteer her time to help with it. She said this was her time to speak and she asked the Mayor respectfully that in the future he will not interrupt the residents when they come to speak before him. FINANCE DIRECTOR REPORT Finance Director Olson gave a presentation on the building permit revenue,noting June was a very good month with$95,500 in building permit revenue.They are now ahead of the budget at 56%. He has been trying to figure out what interest rates will do and he is hearing they will continue to rise but not quite as far as it had been predicted. CITY ATTORNEY REPORT Attorney Mattick provided the Council with a written update on some litigation they are handling and if there are questions they can continue in a closed session at the next meeting. In addition,he and Mr. Edwards are working on renegotiating the collective bargaining agreements and will present counter- offers the following day to the four groups. CITY ADMINISTRATOR/ENGINEER REPORT Edwards had nothing to report. MAYOR/COUNCIL REPORT Crosby noted there has been a lot of turbulence at the last couple of meetings.He thinks the important thing to recognize is that the citizens address the City Council in a respectful manner,not to interrupt, respect the people in the gallery, and he noted they can agree to disagree but attacking members of the Council or the Mayor is not warranted. If people can do it in a constructive manner and have a disagreement or issue they would like to discuss,that is what the time is for.However to attack someone in a personal manner is really beneath people and embarrassing to themselves.For past Mayors to come up and explain how disruptive it is that the Mayor has chatted back...Crosby does not think anyone has had to sit in that spot and take that on a constant basis.He stated they are all better than that,they are adults, and they know how to talk to each other in a respectful manner. The City Council Chambers is still a sacred area to the City of Orono so they all need to respect it. Crosby stated people do not have to vote for the Mayor again,but they should respect the office,the Chambers, and the other citizens of Orono that are here. ADJOURNMENT Page 5 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 11,2022 6:00 o'clock p.m. 16. The meeting will be closed as permitted by Minnesota Statutes Section 13D.05 to discuss security procedures at City meetings. Discussing this information in an open meeting would pose a danger to public safety or compromise security procedures or responses. 17. 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 Walsh moved, Seals seconded,to enter into closed session at 7:02 p.m.VOTE: Ayes 4,Nays 0. ATT .T: Artta ,, , istp00 Ada Carlson,City Clete•' Dennis Walsh,Mayor Page 6 of 6