HomeMy WebLinkAbout10-10-2022 City Council Minutes MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 10,2022
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 Victoria Seals;Members Aaron Printup and
Richard Crosby III were absent.Representing Staff were City Attorney Andrea McDowell Poehler,City
Administrator/Engineer Adam Edwards,Public Works Superintendent David Goman,Parks and Golf
Course Superintendent Josh Lemmons,Finance Director Ron Olson,Community Development Director
Laura Oakden,and City Planner Melanie Curtis.
Mayor Walsh called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance.
SWEARING IN CEREMONY
Mayor Walsh administered the oath of office for police officer Brayden Sherman.
Member Victoria Seals administered the oath of office for police officer Cory Slipka.
Member Matt Johnson administered the oath of office for police officer Collin Hennessy.
CONSENT AGENDA
Johnson asked to add item 12a: City Council support for the Safe and Sober program,approval of the
Minnesota Department of Public Safety Grant,Resolution#7300.He would also like to add to the
Consent Agenda item 16 from the Community Development Report,Text Amendment changing
accessory building height.
1. CITY COUNCIL MEETING MINUTES OF SEPTEMBER 26,2022
2. CLAIMS/BILLS
3. APPROVAL OF SEASONAL EMPLOYEES
4. REQUEST TO HIRE FULL TIME MAINTENANCE WORKER
5. APPROVAL OF NON-WAIVER OF TORT LIMITS—RESOLUTION NO.7294
6. ADOPT NEW FLEXIBLE SPENDING PLAN—RESOLUTION NO.7295
7. APPROVAL TO BEGIN RECRUITING PROCESS FULL TIME PARKS
MAINTENANCE WORKER
8. LA22-000045—ADDILAY HOMES O/B/O ROBERT HANNAH, 1153 ELMWOOD
AVENUE,VARIANCE—RESOLUTION NO. 7296
9. LA22-000046-ESKUCHE DESIGN O/B/O MARCEL SITS,3345 FOX STREET,GUEST
HOUSE, CONDITIONAL USE PERMIT—RESOLUTION NO. 7297
10. LA22-000043—JOHN AND SANJA DEGARMO,2675 FOX STREET,VARIANCE—
RESOLUTION NO.7298
11. PUBLIC WORKS FACILITY(21-039)—AWARD—RESOLUTION NO. 7299
12. TREE LIGHTING EVENT FUNDING
Page 1 of 7
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 10,2022
6:00 o'clock p.m.
12a. RESOLUTION#7300 APPROVAL OF THE MINNESOTA DEPARTMENT OF PUBLIC
SAFETY GRANT
16. LA22-000048—CITY OF ORONO TEXT AMENDMENT RELATED TO ACCESSORY
BUILDING HEIGHT—ORDINANCE NO.278,THIRD SERIES
Johnson moved,Seals seconded,to approve the Consent Agenda as amended.VOTE: Ayes 3,Nays
0.
Johnson added regarding item 11,there had been a concern regarding the validity of the contractor who
was the low-bid and he clarified that the City did their due diligence on that. Item 16,text amendment,
allows flexibility of the use of one's property so someone will not need a variance to do the same thing in
the future.
PRESENTATION
13. Senator David Osmek
Senator Osmek gave a presentation noting he is not seeking re-election after 22 years.He noted the lines
and districts created prove that judges do drink because those lines made almost no sense;there is also a
long,thin one that goes from Lake of the Woods all the way down to Brainerd. Senator Osmek stated
there are redistricting principles they are supposed to follow.He shared successes between the Cities of
Mound and Orono including policing and shared the budget successes Orono has had.He noted other
successes including LMCD rules and Big Island bonding. Senator Osmek shared he was late to the
meeting as he is a school bus driver because there is a need,it fit with his legislative time,and he noted
now he will be able to drive more routes.
Mayor Walsh thanked Senator Osmek for his service.
14. LMCD Representative Update—Richie Anderson
Richie Anderson,3205 Crystal Bay Road, gave a presentation on the history of Orono residents
discussing wake surf boats and their nuisance on particular bays with regard to noise and wakes. Mr.
Anderson noted Chris Bank created a program to teach primary etiquette,safety,and management of
clean-drain-dry.The important messages were to keep music down,surf in deep water rather than close to
shore,how to pick someone up that had fallen,and not making additional passes back-and-forth but to
spread it out on the lake.Mr. Banks teamed up with marinas and dealers which was pretty successful and
received accolades from the"anti-surf'crowd about the difference his videos made.Mr.Anderson noted
the anti-surf crowd did introduce the erosion factor of wakes;he showed a video onscreen of waves
pounding the shore in Wayzata due to nature.He then looked at boats and thinks all boats should be
considered the same(boats,wake boats,jet-skis)and noted they now have a 300 foot from shore rule
which is the only thing that has changed in the Ordinance.Mr.Anderson noted in the future they could
use buoys similar to those used on Lake Okoboji to mark the 300 feet from shore.
COMMUNITY DEVELOPMENT REPORT
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 10,2022
6:00 o'clock p.m.
15. LA22-000036—SCOTT GATES OB/O LISA THOSTENSON,2815 CASCO POINT
ROAD,VARIANCES
Scott Gates,Applicant,was present.
Staff presented a summary packet of information.Curtis noted this application is regarding average
lakeshore setback,side setback,and hardcover variances as part of additions to the existing home
including changing a hip roof to a gable roof within the sideyard and average lakeshore setback(ALS).
The Applicant is proposing a first floor lakeside deck within the ALS which exceeds the 42 inch height
allowance;a hardcover variance of 26.4% is requested.The Applicant has recently applied for a building
permit to construct a garage on the rear of the home and is removing an existing detached garage.In
September the Planning Commission held a public hearing and received numerous comments from the
public.During discussion the Commission provided feedback to the Applicant on each project elements
and voted 7-0 to deny the application as applied. Staff recommends denial as applied.
Scott Gates, 545 Second Street#298,Excelsior,noted changes tonight are to the roof and the deck;
everything else meets requirements of Code and setbacks. He noted the owners have decided to keep the
existing structure rather than tear it down and rebuild.They worked hard to create something attractive,
that fits the character of the neighborhood,and minimize conflicts.Based on extensive comments from
neighbors,the Applicants have made changes,moving the garage and pulling out a screen porch and
office.Mr.Gates spoke about the setbacks and the garage with a gable roof similar to the homes on the
other sides. By running the roof front-to-back it ties into the garage addition and does not change the look
to the neighbors on the other side.Regarding the rear and the ALS,the practical difficulties are from the
irregular setbacks with the house at 2817(east side)is setback considerably more than the house at 2813,
he noted the next homes to the other side of 2817 is roughly 80 feet which is a typically buried setback
scenario. He thinks in the past that has been a practical difficulty to some extent.Mr. Gates noted in
putting gable roofs they shed all the water to the sides of the home,add gutters on both side of the home,
and take the water to the front and out to the street rather than the backyards.He stated the practical
difficulty is the house location and position.Regarding the deck,Mr. Gates noted they will take out the
existing patio due to water damage and spoke about two parts to the deck with the 10x16 deck at-grade
with a 10x20 deck approximately 5 feet off the ground.In looking at the ALS and the view from the
neighbors,they can only see a small corner of that deck and noted a row of 5-6 junipers which screen the
view.He knows that the intent of the ALS is to protect a reasonable view of the lake and the neighbors
will still have 160-170 degree view of the lake.
Patty Yorks,2825 Casco Point Road,is here out of concern. She noted as a realtor she has seen many
projects and she is concerned for safety noting it is lucky the fire at 2813 was on the bank and not the
house because several listings there have had fires. She thinks coming closer in on the side creates a
safety issue. She stated everyone on that ridge has the same size lots and have all found a way to comply
with the City's setbacks. She wanted a deck just like the Applicant and picked up the house to move it
back to add those things on the front and still comply with requirements. Ms.Yorks spoke about a
retaining wall that they dug out and put gravel in,noting they never went forward into the lake.As a
realtor,the first thing people do in looking at million dollar homes is look at the view. When they see crap
in the view it devalues the property because they want an unfettered view.This sets a precedent in going
into the ALS and she believes it will affect the view.Everyone along there have been very respectful of
one another and their views and it is concerning to Ms.Yorks that this has not been an issue for the
Applicants.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 10,2022
6:00 o'clock p.m.
Charles Price,2813 Casco Point Road,noted the notch of his home and the side fireplace sticking out
which has windows out the side and straight towards the lake with an expansive,beautiful view. It has
been stated that it will not affect his view and he could not disagree more.His home is a bit higher and
they see everything,noting it is the tables,chairs,umbrellas,grills,and parties on the deck which would
only be 22 feet from Mr.Price's windows.He noted it is too close,it is too much,he is very concerned
about the noise,lights,and parties. Going over hardcover creates runoff issues and these lots are high off
the water with sandy,loamy soil. Mr.Price noted he wanted to attach his garage to his house several
years ago and went through the procedure with the City and eventually gave up because it was not going
to work until he got the hardcover down to 25%at the guidance from the Planning Commission.
Carol Price,2813 Casco Point Road, stated the proposed plans directly affect her property and enjoyment
of the lake as she is directly adjacent on the west side.As noted,the existing home violates setbacks.In
1988 a cottage was demolished on her property and believes the side setbacks were 10 feet. Over the
years she has been asked by neighbors to utilize her side property to get objects to the lake due to the
narrow side setback of the existing 2815 home. The past July the Prices granted approval to Orono Fire to
drive a fire truck along the side setback between the homes to get a truck in to put out the fire.The
contractor working on the bluff is asking the Prices to drive over the side setback to get the heavy
machinery back to the lake. She says this to enforce the importance of side setback rules. She spoke about
the gable roof,an extruded box window,the new garage build, and the safety, sunlight, and airflow issue
between the homes.Ms.Price noted there is no practical difficulty in re-shingling the existing roof
compared to re-timbering the rafters in a different direction to construct a gable.This roof change will
adversely affect drainage,the look of the house(larger mass structure), and the proposed timbers to be
removed which are actually retaining walls.Ms.Price would like the Orono City Inspector to be sure the
existing wood retaining walls are replaced correctly to mitigate dirt being swept away or landscape being
damaged.Neighboring homes are in line with the ALS and she the current deck has been used extensively
by the previous homeowner and has a lovely view of the lake.The proposed patio violates the ALS,the
hardcover requirements,and will adversely funnel water towards the neighbors' yards and bluffs.Ms.
Price reiterated this deck will definitely impede views from her home and will degrade her property value.
She asked the City Council to take into consideration the concerns of many neighbors and respect the
unanimous decision by the Planning Commission and City Planner to reject the variances.
Wes Byrne,2817 Casco Point Road,put in bushes between the properties to give some privacy and now a
deck would look into his yard.He is not very fond of the concept,he does not like the extra hardcover on
the lakeside,and the water will stand in an area that slopes down into his yard.
Penny Saiki,2874 Casco Point Road,noted 2659 has a 4.5 foot sideyard and she finds it troubling that the
City has all of these Ordinances and those who have been there have followed them to the T,pulling up
plastic,walking stones,and clearing lots for hardcover;yet these variances are happening more frequently
and sometimes a Planning Commissioner will say"don't worry,take it to the Council and you'll probably
get it through."Ms. Saiki asked why they all have to go through the steps if the Council will look the
other way or agree with the Applicants?She asked why these people don't buy bigger lots rather than
wedging houses that are too big for these lots?She wants the City Council to follow their own rules
because Ordinances are laws.
Seals noted this does not meet practical difficulty at all. The 75 foot setback is very sacred,she is a no,
and is for denial.
Page 4 of 7
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 10,2022
6:00 o'clock p.m.
Mayor Walsh spoke about history of lots in Orono,noting there are many skinny lots in Orono and have
given flexibility in coming down to 7.5 feet from 10 feet. It is still an encroachment,non-conforming, and
they do not like to make non-conformities worse.Regarding hardcover,if one is making it better that goes
a long way.He noted this does not mean that the City Council will just let people start going another 10-
15 feet into the ALS because then every neighbor would also want to move forward. This City Council is
about respecting the lakeshore.Mayor Walsh noted nothing is showing practical difficulty to him.
Johnson concurs and added the Council has been very reliable and consistent with this.They try to give
people a fair and honest expectation and it is the Applicants job to design within that. Sometimes there is
justification but this is not one of those examples. He supports denial.
Johnson moved,Seals seconded,to deny LA22-000036, 2815 Casco Point Road,Variances as
applied.VOTE: Ayes 3,Nays 0.
Community Development Director Oakden gave an updated noting the department has been busy
working on 8 new houses, 13 code enforcement cases,training the new City Planner who started the
previous week,and closing out summer projects and permits.
PARK DEPARTMENT REPORT
Park Superintendent Lemmons shared his department is doing great and looking to hire a full-time
employee.They have been closing down the golf course,doing irrigation blow outs,and servicing at Big
Island.
FINANCE DIRECTOR REPORT
Finance Director Olson gave a presentation on the previous month's building revenue,noting building
permits have been doing well and they are at 96.9%of the budget with three full months left in the year.
He shared about an employee insurance increase of 6.9%,they have received policing aid of$267,000,
and he noted it is certification time for unpaid utility bills.
16. LA22-000048—CITY OF ORONO TEXT AMENDMENT RELATED TO ACCESSORY
BUILDING HEIGHT—ORDINANCE NO.278,THIRD SERIES
This item was moved to the Consent Agenda.
CITY ATTORNEY REPORT
Attorney McDowell Poehler had nothing to report.
CITY ADMINISTRATOR/ENGINEER REPORT
17. Fire Chief Job Description and Recruitment
City Engineer Edwards noted a Committee was appointed to look at hiring a Fire Chief to guide the City
in a new fire department should negotiations with the City of Long Lake fail.The Committee provided
guidance the previous week to move forward with developing a draft job description for the Fire Chief,
deal with staffing,and develop a timeline for filling that position which is in the packet.
Page 5 of 7
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 10,2022
6:00 o'clock p.m.
Seals noted they combined many elements of a Fire Chief role plus a consultant role. She clarified
Member Crosby does not meet the minimum requirements and the public does not have to worry about
him making it through the résumé screening.
Johnson moved,Seals seconded,to approve the Fire Chief Job Description and authorize Staff to
initiate the recruitment process.VOTE: Ayes 3,Nays 0.
PUBLIC COMMENTS
Brad Erickson,2485 Independence Road,stated Mr. Williams did a fine job the previous week of
summing things up. Evidently what happened on the steps of the Capitol on January 6,2021 is no big deal
to him and"you guys laughed."Mr.Erickson asked if they brought him up here?Mr.Erickson does not
think he helped them.He is wondering with all of these allegations going around,Proud Boys,what is
that all about?It says right here that"he"was crowdfunding for a Proud Boy member for the Proud Boys
of Minnesota.Mr.Erickson showed a video on his phone noting"that is him."He asked"how many of
you guys are involved in that?Is that funny to you?I don't think that shit is funny at all."Mr.Erickson
asked how many times he has to say that.In six months they have not answered one question and they are
going to start.Mr. Crosby is going to answer some questions,too,because Mr.Erickson is done with it.
He is demanding answers and wants to know what is going on. He wants to know how much danger they
were really in when they were under imminent threat of attack in 2021,and"you guys were keeping this
shit out."That is what Mr.Erickson wants to know,when are they going to tell them?Remember they
were going to come burn Wayzata and Orono to the ground and"you found it in your heart to send me
some,whatever you want to call it."Mr.Erickson has some people he would like them to send that stuff
to and see how well it goes for them,because it is about to get real bad. To be clear,what he means by
that is they need to answer some questions about Proud Boy affiliations,about Capitol steps,
crowdfunding,and what is going on up here with all their money that they like to brag about.Mr.
Erickson stated he brought$10,000,000 to the City of Orono in the last two f-ing years.He spent
$525,000 on taxes the previous year and said he is a player too,and stated for them not to treat him like
he does not belong here.
Alisa Benson, 1220 Lyman Avenue, is honored to be running for Orono City Council and stated in the
past couple months of door knocking,community is something she talks about a lot. She attended Long
Lake's City Council meeting the previous week to introduce herself.Ms.Benson noted as a City Council,
they do not stack up to their neighbors in terms of public comment,noting it has been two hours since the
meeting began.Unlike Wayzata,Long Lake, and Medina,public comments are at the bottom of the
agenda so people who would like to introduce or talk about something are made to wait a lot longer than
in other communities. She thinks that is significant because residents haven't signed up to be here as
elected or appointed officials and Ms. Benson thinks residents deserve to go first and it seems like an easy
win for this City Council.Ms.Benson spoke on the subject of shared fire services and community,noting
the community does not know what is happening with the shared fire services,the cost,or impacts to
service.After researching the issue,she understands it is an award-winning model of shared resources out
of Cloquet,Minnesota which is a slightly bigger City than Orono. She noted the Fire Services individual,
Ken Schroeder has said everyone was used to making their own decisions and serving their own small
slice of geography but the future of fire services,shared emergency services,is really a team sport. She
thinks that is really important to remember.The City has been willing to engage the community on parks
but really has not done that on the fire issue. Cloquet spent several months engaging the community to
understand how they thought and felt about shared fire services.Ms.Benson hopes the Council takes time
to consider this for the future of the community.
Page 6 of 7
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 10,2022
6:00 o'clock p.m.
MAYOR/COUNCIL REPORT
Johnson thanked the team for their work at Big Island.He also noted the subject of fire services has been
talked about for a very long time.The subject has come to a head but the conversation has been long and
well-considered.Johnson also went to the Long Lake City Council meeting and unexpectedly participated
in that and brought some additional information to them.He noted they are having a meeting the
following night to review that information.
Seals thanked the team regarding Big Island. She spoke about Summit Beach noting they have a third
open house on Thursday taking into account the community's feedback and showing what it may look
like.Regarding the fire issue, Seals thinks both cities are trying to do what they believe is best. She noted
what people see up in the Chambers are not the only conversations and input that is being taken in.The
amount of hours that both mayors have put in is probably endless and to say there is not resident input,
this has been years-long,and both cities have been digging in on that. She spoke about equipment noting
the fire fighters need more and newer equipment to do the job,including a used ladder truck which could
be refurbished. She spoke with the Fire Chief at Coon Rapids who said he would hold their used truck for
Orono if they want to purchase it and have the manufacturer refurbish it. Seals spoke with the fire fighters
who feel the truck is needed and could solve some issues.
The Councilmembers discussed purchasing a used ladder truck,costs for a brand-new truck, lead times
for a brand-new truck,and refurbishing costs and lead-times for a used truck.
Johnson moved,Seals seconded,to authorize Staff to draft a purchase agreement for a used ladder
truck from the City of Coon Rapids.VOTE: Ayes 3,Nays 0.
Mayor Walsh went to the fire department open house,he spoke about the homecoming game,and stated
he is looking forward to breaking ground on the new public works facility. This new facility will last well
into the future.
ADJOURNMENT
Johnson moved, Seals seconded,to adjourn the meeting at 8:27 p.m.VOTE:Ayes 3,Nays 0.
ATTE :
Anna Carlson,City Clerk Dennis Walsh,Mayor
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