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HomeMy WebLinkAbout12-12-2022 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 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,Richard Crosby III(present until 8:30 p.m.), and Victoria Seals.Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,Public Works Superintendent David Goman,Finance Director Ron Olson,Community Development Director Laura Oakden,and City Planner Melanie Curtis. Mayor Walsh noted it is Member Printup's final meeting and that Mr.Printup will run the meeting this evening as acting mayor.Acting Mayor Printup called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. 2023 Budget Hearing-Truth in Taxation Public Hearing- 6:00 p.m. a. 2023 Budget Information b. Adopt Final 2022 Levy Collectible in 2023—Resolution No. 7318 c. Adopt Final 2023 General Fund Budget—Resolution No. 7319 d. Adopt the 2023 Special Revenue Funds Budgets—Resolution No. 7320 e. Adopt the 2023 Enterprise Fund Budget—Resolution No. 7321 f. Adopt 2023 Fee Schedule—Ordinance No. 281,Third Series g. Adopt 2023 Capital Improvement Plan f. Adopt 2023 Fee Schedule—Ordinance No.281,Third Series g. Adopt 2023 Capital Improvement Plan Finance Director Olson gave a summary presentation on the 2023 budget and tax levy.He gave examples of how property taxes are calculated within the City and explained estimated market value,tax class rate, tax capacity,and the tax levy.He noted that the Property Tax Levy($8,387,000)divided by City Tax Capacity($50,624,004)equals the Tax Capacity Rate(16.57%).Mr. Olson showed an example of property tax calculations on a$1,225,000 residential homestead property on the screen and explained the calculations for net tax.He shared key drivers of the City budget including inflation,police department budget increase of 8.7%,fire protection services,park department staffing, and the brush site.Mr. Olson clarified the general fund budget is increasing by$1,000,000 or just over 10%and a lot of the increase is due to wages and benefits.He spoke about line items in the tax levy including the General Fund,Building Fund,Pavement Management Fund,Parks Fund, Community Investment,and Improvement Bonds. Regarding the Fee Schedule,Mr. Olson explained application fees,minimum cost permits, other zoning permits,a plan re-review fee,license fees,police administration fees,park fees, and utility rates and fees. Member Printup opened the public hearing at 6:38 p.m. Page 1 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Ron Potas,2190 Shadywood Road,thinks it is admirable that Orono is substantially to er than most communities in the area.However when he received his property taxes for 2023 it refl cted something quite different. He asked if one has not done anything to their home in 15-20 years and it is just increased inflation,how can the tax rate for Orono be substantially(50%)above and beyond the norm. Mayor Walsh replied the City's tax rate has been the same for about 7 years.If the value of one's house has gone up,the same tax rate would be applied against the increase in value of the home.He noted the tax rate has gone down from the previous year in the City. Mr.Potas calculated Hennepin County property taxes for 4 years,as well as the City of Orono's portion and the school district, and shared his results and percentages. He asked how they account for the huge increases in property tax. Mayor Walsh noted a main issue in the City has been making sure the tax rate does not go up. In looking at the tax statement, it all depends on what the value of one's house is. If a house goes up 40%,then taxes are likely going to go up 40%, also.He noted costs,inflation, and wages all went up within the City,also. The City of Orono has roads within their budget so people do not receive a bill when the City comes out to redo or fix the roads. All water and sewer is also built in so when things break it is in the budget and people do not get billed.Mayor Walsh shared about a recent newspaper article about Long Lake and that in one of the highest revenue years,with a drought and many people using more water,they are bleeding red ink;however in a wet year when they do not get any revenue,they will be under water.Mayor Walsh stated they also charge people every time they want to redo a road and gave an example of a water tower failure in Tonka Beach and they did not have money to fix the water issue. He spoke about roads in Minnetrista and Mound who do not have money for infrastructure and must bond for roads;Mound also has water issues and boiling water notices.Mayor Walsh clarified Orono does not have any of these issues because it is all budgeted. Johnson clarified the only way for Mr.Potas' taxes to increase when he has not done ak y updates to his house,is that the Hennepin County Assessor increased the home's value. The mill-rate that the City of Orono is charging residents is virtually unchanged and even went down a bit. Johnson noted Mr.Potas' assessed value from Hennepin County must have gone up about 25%. Seals noted she had the same issue when the value of her parents' home on the lake has also gone up astronomically while in Minneapolis it was 8%. Printup noted Hennepin County heard loud-and-clear from Orono regarding this issue. Crosby noted one can always challenge their assessed value with the County. He noted real estate values shot up due to a limited inventory as a result of government shutdowns and intervention. Crosby asked the assessor if next year when real estate values are down by 20%,will they drop rates by 20%?He noted they should because these rates are ridiculous and overblown. Mr.Potas has been retired for 8 years and his income is nowhere near where it was.However,his property taxes are 25%of his income.He noted either at the City, County, or State level there should be a "super senior"category for increases in property taxes.His income is going nowhere and his property taxes are going up. Page 2 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Mayor Walsh stated the State has seventeen billion dollars in surplus and noted this is the right time for Mr.Potas to call his legislator,Andrew Myers,to have a conversation about this type of help. Mr.Potas noted perhaps the City should be cutting back on projects now. He thanked the Council for their time. Member Printup closed the public hearing at 6:59 p.m. Walsh moved,Crosby seconded,to approve the 2023 Property Tax Levy,2023 General Fund Budget,2023 Special Revenue Fund Budget,2023 Enterprise Fund Budget,2023 Capital Improvement Fund,and 2023 Fee Schedule.VOTE: Ayes 5,Nays 0. CONSENT AGENDA Members of the public asked to remove item 6 and item 10 from the Consent Agenda. 2. CITY COUNCIL MEETING MINUTES OF NOVEMBER 28,2022 3. CLAIMS/BILLS 4. APPROVAL OF RENTAL LICENSES 5. APPROVAL OF KENNEL LICENSE 6. APPROVAL OF 2023 ANNUAL APPOINTMENTS—RESOLUTION NO. 7322 This item was removed from the Consent Agenda. 7. COST OF LIVING ADJUSTMENTS FOR NON-UNION EMPLOYEES—RESOLUTION NO. 7323 8. PUBLIC WORKS FACILITY(21-039)—SPECIAL INSPECTION AND CONSTRUCTION TESTING CONTRACT 9. LA22-000054—DAVID CHARLEZ DESIGNS,3275 CARMAN ROAD,VARIANCE— RESOLUTION NO.7324 10. LA22-000056—PATRICK REGAN(JDD STUDIOS),200 WOODHILL ROAD, CONDITIONAL USE PERMIT/VARIANCE—RESOLUTION NO. 7325 This item was removed from the Consent Agenda. 11. ASSIGNMENT OF DEVELOPMENT AGREEMENT-CRYSTAL BAY BUSINESS CENTER 12. APPROVAL TO ACCEPT DONATION—RESOLUTION NO.7326 13. APPROVAL TO ACCEPT RESIGNATION—TIM WESSELS 14. ADOPT RESOLUTION OF APPRECIATION TO COUNCIL MEMBER AARON PRINTUP—RESOLUTION NO. 7328 Page 3 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Crosby moved,Johnson seconded,to approve the Consent Agenda as amended.VOTE: Ayes 5, Nays 0. Crosby noted the community has lost a wonderful member,Julie Krahl,he read Ms.Krahl's obituary aloud and stated she had the largest gentle heart of anyone he knows and her absence Will be profound. 6. APPROVAL OF 2023 ANNUAL APPOINTMENTS—RESOLUTION NO. 7322 Kim Carswell,261 Cygnet Place,asked with the recent election she'd like to understand why they are approving assignments before the new City Council is in place in January. She asked if Alisa Benson will have an opportunity to select where she wants to be after the decision is made. Mayor Walsh noted they can always change the appointments and he has reached out to Ms. Benson about getting together for a conversation regarding City Council;he noted she did not want to talk with him. Alisa Benson, 1220 Lyman Avenue,asked to clarify that it is true that Mayor Walsh reached out for a cup of coffee and her response was that if it were related to City business she would be happy to meet at City Hall with Staff present. She asked them not to take it in a way that says she does not want to meet with him. Johnson moved, Seals seconded,to approve 2023 Annual Appointments,Resolution No. 7322. VOTE: Ayes 5,Nays 0. 10. LA22-000056—PATRICK REGAN(JDD STUDIOS),200 WOODHILL ROAD, CONDITIONAL USE PERMIT/VARIANCE—RESOLUTION NO.7325 Jane Delaney, 1315 Woodhill Avenue,would like to confirm that the existing CUPS( onditional Use Permits)remain in place. Mayor Walsh clarified everything stays in place. Ms. Delaneyassuming is there will not be construction traffic on Woodhill Avenue. Community Development Director Oakden stated regarding the back entrance,the Applicant noted in the application that they will not be using that for any parts of construction for the project. Ms. Delaney is not opposed to the project and noted Xcel Energy was out earlier in the day and they are going to replace all poles due to the project. She asked if she will have notice when that happens. Ms. Oakden does not believe the City is aware when Xcel Energy decides to move forward with expansions as it is their infrastructure. Johnson moved, Seals seconded,to LA22-000056,200 Woodhill Road, Conditional Use Permit/Variance,Resolution No. 7325.VOTE: Ayes 5,Nays 0. Page 4 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Printup noted they will take a five minute break before resuming the meeting. COMMUNITY DEVELOPMENT REPORT 15. LA22—000050—MATT JOHNSON, 1003 WILDHURST TRAIL(INCLUDING PIDS 07- 117-23-21-0006; 07-117-23-21-0007; 07-117-23-21-0002),VACATION OF UNIMPROVED RIGHT-OF-WAY—RESOLUTION NO.7327 Johnson recused himself from the vote and stepped down to participate in the Applicant role. Matt Johnson,Applicant,was present. City Planner Curtis gave a presentation on the item noting the Applicant is requesting to vacate the unimproved portions of right-of-way. This request includes the right-of-way of Lafayette Avenue, Grandview Place, Hattie Place, and the alley within Blocks 3 and 4 as dedicated on the plat of Mount Home Park(highlighted in blue on the inset map).An existing City sewer line and Wright Hennepin Electric overhead power line within the Hattie Place right-of-way. The Applicant has proposed maintaining a utility easement in this area. In 2018(#LA 18-000065),the City reviewed a sketch plan for the properties associated with 1003 Wildhurst Trail(including the 10 acre property to the west). The project included vacation of the subject rights-of-way and development of the properties into 7 total lots. At that time,the Planning Commission and Council were open to the proposal for vacating the rights-of- way as part of the development as long as access to Saga Hill Park was maintained;they were not in favor of the overall project resulting in the creation of substandard lots. On November 21 st,the Planning Commission held a public hearing.Following the public hearing the Planning Commission voted 4 to 0 on a motion to approve the requested vacation of the entire right-of-way area shown in blue(as applied), subject to the City maintaining the utility easement to address the existing utilities in the right-of-way. Staffs recommendation was to vacate all except for Hattie Place.Neighbors provided public comment during the public hearing,comments are detailed in the meeting minutes,and written comments were also received and included in the packet for the record.Additional comment was received at the November 20 Council meeting and those are also summarized in the minutes. Staff recommends approval of the vacation of Lafayette Avenue, Grandview Place,and the alley within Blocks 3 and 4 dedicated within the plat of Mount Home Park.Further, Staff continues to recommend denial of the request to vacate Hattie Place at this time. Matt Johnson,Applicant,was not on the City Council in 2018 when this item first came before the City. He showed a slide on screen noting what is in red has already been vacated,the white portions are homes such as 997 Wildhurst where the vacated lane was down the middle of the home.The City's cooperation was necessary and something this particular homeowner did not request, and it would clean up the site to make it usable.Mr. Johnson stated it is currently a one-acre zoning district and he is not making requests to further intensify the property but is simply making it more usable property by removing those unintended roads. Staff has prepared two resolutions and he requests the City Council approve the second resolution to vacate the lanes outlined in green. Page 5 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Mayor Walsh noted the previous owner lived there for 30-40 years and came to the City Council in 2018 and the City Council at that time said it would be fine with the condition regarding Saga Hill.He spoke about some disingenuous social media posts about a large development next to Saga Hill Preserve. He asked Johnson if it is five acres there. Johnson replied it is under five acres. Mayor Walsh noted one could put three,maybe four max, if one wanted to subdivide and build. He clarified it is not a huge development as it has been said on social media. Crosby asked to clarify that Hattie Place has never been developed at all. Johnson noted the existing garage is in the middle of Hattie Place. Mayor Walsh stated roads have never been built there. Printupwelcomed members of thepublic to speak on the topic. P P Wendy Williamson,2200 Plymouth Road,Minnetonka, is the executor and heir of the estate of Christopher Morgart,who owned the 15 acre property at 1003 Wildhurst Trail which consists of five acres with a house and access to a channel in Forest Lake,plus a parcel of 10 wooded acres. Ms. Williamson is here tonight because of the misinformation being spread about the property from neighbors, some of whom are angry that they could not buy it. Ms. Williamson clarified she still owns the 10 acres and sold the 5 acre parcel to Matt Johnson who is currently remodeling the house. Mr. Johnson has no plans to over-develop the property for himself nor sell it to a developer.Ms. Williamson trusts Mr.Johnson because a good friend has known Mr.Johnson his entire life. She had a fiduciary responsibility to the estate to sell it for a good price and even though it could have been sold to a developer for twice the price,Ms. Williamson chose not to. Mr. Morgart did not want the land re-shaped, nor the trees cut down, and she is honoring that. She stated the house and garage were built in 1946 and the property was purchased in 1956,the channel was dug in 1961,and the adjoining 10 acres was purchased in the mid-1970s. She clarified the request for lane vacation is only for the 5 acres and not the 10 acres,there are no fire lanes cutting through the 10 acres,there is an easement on the south side between a one acre lot which is under development. She noted in the last two months a number of trees were cut down on that lot and some people mistakenly think that is the 1003 Wildhurst property. She clarified the easement between that lot and the 10 acres goes up to the park and it could be better marked, however no one can walk on other parcels without trespassing.If Mr. Morgart saw people running or walking in his woods he told them to get out and pointed to the south easement pass noting he did not allow anyone to ski or snowmobile through his property. Ms. Williamson said claims of having paths to the lake and accessing the channel through the yard to go fishing are wrong. The acces for Wright Hennepin Power in the driveway will still exist. She stated neighbors fearing development and remembering a lot of trucks in the driveway this summer should realize that it took a lot of loads to get rid of 66 years of"stuff."Ms. Williamson noted none of those complaining now came to help her nor to ask what was going on at the time. Page 6 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Penny Saiki,2874 Casco Point Road,noted Matt Johnson purchased the land with the easements,has told them he is building his own home on the property and renovating the existing house for his parents.This has all now been confirmed from a third party(the seller).Ms. Saiki noted people buy their homes based on location and Orono used to be about preserving natural resources.The neighbors invested in the character of the setting and want to continue to enjoy their privacy.As Ms. Saiki understands from the seller,she does not want the property to be developed.Ms. Saiki noted the DNR review said no vacation shall be made unless it appears in the interest of the public to do so and noted any vacation may allow development that would impact conservation of natural resources and habitats. Since this property has never been developed and has access to public waters,many have wondered why the City has seemingly ignored the guidance of the Minnesota department charged with management of public natural resources. Ms. Saiki stated undeveloped land near the lake is becoming scarce and proposed a solution. Since the City Council and Planning Commission intend to give the land to Mr. Johnson,they need to protect the rest of Orono as owners of the land and stated"we are all owners as residents of Orono."Ms. Saiki said a covenant shall be placed on the deed that states that one house can be built on the property,the existing house would become an ancillary structure(a guesthouse).A covenant attached to the deed means it is on the land so if ownership changes to a contractor or LLC they are also bound to that one house limit. Outside the scope of this project,Ms. Saiki said there are 3,100 households in Orono and there is a limit to how much City structures and services can be financed through taxes.Building more houses to increase the tax base is one way to increase income,but another way is to better manage expenditures. Cases in point include district fire services which have been favored for over thirty years. Printup noted Ms. Saiki must stick to talking about this item. Ms. Saiki stated they must get public support for big expenditures, and stop giving away public land, especially to those who need to recuse themselves when it comes to a vote. That in itself is recognition of conflict of interest. Henry Brantingham,3185 County Road 6,does not live near the property and has no particular interest. He is interested in the process and looked at the Planning Commission notes where 14 citizens were at the meeting or had submitted written comments. The"score"by citizens was 14 to 0 with 100%against.He read some comments from the minutes of the evening such as"extremely unfair,""not for the benefit of the citizens of Orono,""I have a hard time wrapping my head around giving away land for free,""the big question is that none of us knows the intention of Mr. Johnson."Mr.Brantingham finds it interesting that they are talking about it being one house but the Members are discussing back and forth that perhaps Mr. Johnson could put in three houses. Other comments include"the plan is incomplete,""MN Statute 412.853"which is State law, "there is no public benefit,""why are you giving these parcels away,""we agree with the DNR there does not appear to be public benefit,""far reaching implications highlighted by the DNR impacting Forest Lake Bay,""I am strongly against vacating that right-of-way."Mr. Brantingham noted after hearing all of this the Planning Commission voted 4-0 to recommend vacating these properties and he is shocked. He said perhaps he is naïve and asked if there is anyone in Orono besides the City Council and the Staff that thinks this is a good idea.He has not heard one person except them say this is a good thing.He asked if it has occurred to anyone what an incredible ethics problem this is?It is a sitting Council Member who recused himself and Mr.Brantingham has a concern about the process. Page 7 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. , Bridgitte Hamblin,4665 West Branch Road, is across the marsh from this property and is seriously worried about impact to wildlife and the rest of the property owners. She noted there is a cougar and coyotes on the property,as well as fox,turkeys, and incredible wildlife. She is worried about impact to her property value due to the serene nature of what it backs up to,the incredible marsh area which will be completely impacted if 3,5,7,or 8 houses go in. She has heard many numbers,there is not any official word,and what really concerns her is the fact that the City Council is considering this without any actual plan given.Ms. Hamblin thinks it is a huge ethics issue and they all need to think about that.The people of the town are very concerned about any ethics issue and she would like the Council to reconsider this. The property owners who have bought property and are raising children in this town have come here because of rural residential in Orono.It is considered a place where wildlife runs free, children can run free, and they have seen a ton of development in the last couple of years. This is one piece of property that does not need to be developed. Brian Turpeville, 997 Wildhurst Trail, does not think the Planning Commission listened or heard what the public had to say.He felt it was so disingenuous to come up and speak because that decision was made before the public even showed up.He hoped in coming to the City Council he would hear something different but heard the comments leading the Applicant to help him. Mr. Turpeville showed photos on screen of Wildhurst Trail and the channel noting it is private land and he hopes the Citj,T Council does not tell Mr. Turpeville one day what he can and cannot do with his property. He wants to stay within guidelines and rules and do exactly what he intends to do. He showed an overhead photo and said here is the jewel of Orono,a wooded area that connects to many plots with low density and population,and they are talking about giving part of it away.He spoke about wildlife and that it was said at the other meeting that this is worthless land,low,mushy,unwalkable and he showed a photo of the easement noting it is navigable, one could snowmobile,walk,and it is firm ground.He continued showing photos of the area on screen and spoke about the channel noting the lake touches the property and one can walk the easement on the outer edge of the property. Mr.Turpeville thinks it was said by Charter that if they were to give away an easement it would be split between two homeowners rather than give to one.Especially in the winter there are people who walk and noted it is probably accurate to say the ea ement was given to build his house and others in that development.He noted the only thing that puts burd n on the current owner is the alleyway up the center. Ultimately 10-plus taxpayers got up and said they do not agree with this, and Mr.Turpeville does not want to put burden on the property owner.Proposals for the property have been floated and show either 4-5 homes or 2 homes being built.Mr.Turpeville stated if it smells like a duck,quacks like a duck,and looks like a duck,it is probably a duck. If a boat comes down the channel this summer and asks if this is where the lots are for sale,if a realtor said to him `I think there are lots for sale up in there,' if other neighbors have heard about dredging plans to widen the channel and expand it to its original state,if there is activity on the property that ends just before all of this happens, if there is a gathering on the property to celebrate Mr.Morgart's life a week before the closing,Mr. Johnson could have come and met half the neighbors.However,the quiet,blind,let's slide it through, let's wait until Christmas, and put it through when the snowbirds are gone and less people are here to oppose it makes no sense.He asked if he is the stupid guy in the room. Ken Peterson, 1074 Wildhurst Trail,lends his voice to what they have just heard and asked what the public purpose is here. To give up an access point to the water does not seem to give a public purpose.He Page 8 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. walks his dog in some of those areas and would like to see some debris cleaned out from the corner and have it better marked. Eric Truskoski, 4665 W Branch Road,thinks it is an incomplete plan and he cannot see the public good. He would never deny a property owner the right to use their property as he supports that entirely.His background is residential development and he is not here to say they should not develop but thinks they must develop responsibly.He said the fact that a sitting Council member is bringing this forward raises concerns for him,and noted his neighbor at 4505 W Branch Road has been approached about as easement for access from 151 that aligns with Hattie Place.He thinks it is unwise and bordering on foolish to go ahead and approve something without a full plan in place. Kim Carswell,261 Cygnet Place,asked if there is no public benefit,what is driving the City Council to allow this to happen. Printup noted the start of the process is an application and the City Council cannot say they will not listen to something.He noted that is why they take public comment and then discuss. Laura Sanden,4505 W Branch Road,has concerns about Hattie Place and does not understand the impact on wildlife and what the plan is. James Hermanson, 1001 Wildhurst Trail,has concerns relating to the public interest,he understands the new purchaser has said he is building two houses and if so Mr.Hermanson would like to see the plan. If that indeed is his plan it seems reasonable for Mr.Johnson to bring in that plan. It would be nice to have specifics about what will happen to that lot and if the new owner wants to build one house and remodel the old house that should be part of the plan. Mike Mooney, 101 Douglas Drive,Buffalo, stated Mr.Morgart was his cousin and he is very familiar with the property and has been going out there since the mid-1950s. He noted it is a piece of private property and what he is hearing tonight is that there is a feeling that this is a park. There are imaginary roads and the way the existing house is built there is a wall of windows on the north side. In hearing about people going fishing or crossing that land,Mr. Mooney has not seen that and if people are doing that they are trespassing. With Mr.Morgart's death,obviously something will happen to that property,it has been sold,and people that wanted the property had a chance to buy it for about two years. Resident from 1035 Wildhurst Trail,knows Mr. Johnson and knew Mr. Morgart well,and stated his concern with Hattie Place is that is the only way for large delivery trucks to turn around and if they give that away would that access disappear?Regarding the path going up to Saga Hill,nothing is preventing Mr.Johnson from remodeling the house the way it is right now.His concern in giving away Hattie Place, does that eventually lead to the 10 acres being connected to the 5 acres and being able to slip in more lots than is doable today. He noted Mr.Morgart's wish was to maintain the integrity of the land and they are not doing anything to maintain the integrity by giving the strips of land away. To him,the only one that is in the way of building a house is the one right down the middle and everything else is not preventing that on this property. He does not have a problem in building on the lot or with Mr. Johnson being his neighbor. He asked why they would do something without seeing what the plan is. Page 9 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Daniel Iverson, 4640 North Arm Drive, does not live near the property but wonders why consistently the City Council seems to ignore engineer and DNR recommendations and dismiss that as routine. Is the DNR lacking in intelligence or expertise that they do not need to be listened to?Is public comment unnecessary and does not need to be listened to?He thinks comments made about propriety are justified, it does not look right,and leaves suspicion of the City government. They may be well-advised to proceed with caution and consideration for the rest of the people in the City. He was impressed with the City budget noting Finance Director Olson knows what he is doing. Mr.Johnson,Applicant,received an email from a resident who was against this and they had a phone conversation about the process and what Mr.Johnson is trying to do.After talking,the man sent an email in favor of what Mr.Johnson is trying to do.The application has been interesting as these people will be his neighbors,and after learning about a neighborhood meeting he said he would come and share his knowledge,and they said Mr.Johnson was not welcome.He called multiple people with the offer to talk to them so they could learn more about it and they do not return his call. Then he hears stories that he is trying to extend the property from North Branch Road noting he is trying to vacate the road so a road does not go through there and Mr.Johnson is trying to prevent future development through there. It would make zero sense.Mr.Johnson is not offering to sell these to anyone,this is for his use, and the most fair and honest thing he heard tonight was that this is a piece of private property,not a park.People might want to know what he is doing, and Mr. Johnson is curious about what Igor is doing as he has been building a house for a long time,but Mr. Johnson does not have a right to know what Igor is doing inside his house.Mr. Johnson is a pro-property rights person and has extended that to every resident that has come before the City Council and he wants it extended to him because he is a resident. The idea that he should be penalized because he is an elected official is a foreign concept.He appreciates that people want to make sure he is not getting a privilege that someone else is not and he respects that. That can be answered by the 2018 application that did occur,Mr.Johnson wasn't a part of it,and the City Council was in agreement with the vacation because it is reasonable,it is consistent with the past whether the 1960s, 1970s, 1980s,or even the past couple of years around this neighborhood.He understands that people might like the open space they have enjoyed when the Morgarts owned it.At the same time this is zoned for a use.Mr.Johnson addressed the question regarding if this is vacated why isI'it going to him and noted this property has three PIDs, and right now it is allowed to have three different properties on it.All the vacations that have occurred have already been given to the plots of land around this property. The only vacations left are for Mr.Johnson's plot of land and the City does not dictate where the vacated property goes,rather it is the County and asked the City Attorney for comment. Attorney Mattick replied in the affirmative. Mr. Johnson stated the City of Orono is not dictating that he gets it,rather it is through the County. He noted this is a vacation to impede future development,not to enhance it as he heard tonight. Ms. Hamblin appreciates what Mr.Johnson says about owning the land and can do w t he wants with the land as they all have that right.As a populace,they have not heard exactly what th plan for the land is,they have heard a lot of rumors, she has a neighbor who was contacted about the po ential of a road going in next to her property to access Hattie Lane across the marsh. These are not rumors,these are facts, Page 10 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. and they have not seen an actual plan. Mr.Johnson is asking to take over public space to create what? They do not know if it will be 3 lots, 5 lots,7 lots.As property owners,they all have a right to know because they all bought property around this beautiful,pristine area based on what the area was.As the City Council their obligation is to the entire City not just to Mr.Johnson or one property owner. Until he comes up with an actual plan that they can all stand behind and look at, she does not think it is fair or ethical to make a recommendation that he gets this public land. Printup thanked the public for their comments. Seals asked to clarify if in 2018 the City Council was not in support of the non-conforming lots but were in support of vacation of the easements. City Planner Curtis replied in the affirmative. In 2018 the application included the 10 acre piece to the west which showed a number of lots that did not meet width requirements of the district. She noted the 10 acre piece is zoned 2 acres and those on the east side of Hattie Place are one acre lots. Crosby clarified legitimately one could put in three lots there. Curtis replied in the affirmative. Crosby noted in 2018 the City Council supported a vacation. Seals asked when they vacate easements of a similar nature,what is the order of events.Do they vacate roads first, does one need to show the plans first, or is it flexible. Curtis replied a vacation request can come with a development plan or it can be done by a property owner wishing to vacate the public space within their property for whatever purpose.After application, City Staff does analysis,they publish to the utility companies,publish to the DNR if it accesses the lake,they receive feedback and once determination is made that decision goes to the County. The County looks at the original plat and assigns that land to the parcels. For example,the western 30 feet of Hattie Place has been vacated and is now part of the 10 acre piece;the 30 feet would be assigned back to the eastern half and is fully within the home park plat and will not be vacated to the property to the north because it did not come from that land originally. Crosby spoke about precedence noting other lots have had vacations so the homes are there.He is a property rights believer and as long as people are abiding by the rules with setbacks and conformity,it is not up to the City to direct that. Cleaning up some of these issues around the City is important noting some easements are there because of horse and buggy trails which are not applicable today and some go right through the bottom of the lake.He asked what is the purpose in having them there?Basically it is to prevent someone from building on their private property or to control what they can do with their own land. Crosby asked the man who said to look at the crowd tonight to look in the mirror as he would not want that done to his private land. Page 11 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Mayor Walsh thinks the public good is that they are cleaning these up and making them developable and livable.These vacations were done where the houses are currently and were done on the 10 acre parcel. This plot of land was done 130 years ago when the water was 15 feet lower and there are plots of land underwater. He noted the person who owned the property the last 30-50 years did not care but in the meantime everything else was vacated.He clarified regarding the DNR their policy is to not approve anything and it is hard to take it seriously from Mayor Walsh's perspective. He noted the gentleman who said it is not a park was right, and Mayor Walsh knows people have been walking in there. It is not their property and the City Council does not get to tell people how many houses they can build because there are zoning regulations that dictate what one can and cannot do. That is why people buy property in the area they are in.He spoke about Brown Road where people had two acre zoning and people wanted to come in and make it one acre zoning and the City said no.People bought there knowing it was two acres and that is why one buys in an area.He finds it disingenuous for someone to make that comment and a bit offensive to talk about ethical issues. In the 8 years Mayor Walsh has been on the City Council they have had one Planning Commissioner and one City Council Member come before them about a property division or vacation.He noted the members of the City Commissions are all property owners throughout the City and he takes offense that there is some kind of ethics issue.Mayor Walsh understands that people wanted to buy that land and have grudges,however the City Council does not make decisions just because someone brings a bullhorn and has people yell at them. He noted the Council follows the common sense rule, if it makes common sense and they are bettering the community,they have done that over the last eight years.He thinks this is cleaning things up and will be good for the area. The 10 acres to the left is all zoned 2 acres and one can only do so much with it.He is personally in favor of getting this cleaned up and the owner must follow the zoning, setbacks, and everything else. He clarified there cannot be variances for new lots. Walsh moved to approve Resolution 2 reflecting the Planning Commission recommendation for full vacation and reservation of the utility easement within Hattie Place. Crosby would like to discuss this and said regarding the DNR,he has experience with the DNR due to a channel in his area where the timber wall is failing. The homeowners wanted to repair he wall with riprap and rock which is about as natural as one gets but the DNR said no. Therefore the D would rather have the old timbers drop into the lake and just leave it alone. Crosby stated that is not an environmental thing, it is a control thing and does not make any sense. When he hears that the DNR would not want this or that, Crosby takes it with a grain of salt. Regarding people going through private property to view something or to access the lake,that is trespassing and people do not have the right to do that. Mr. Johnson noted he would have gone to the meeting regarding the purchase and he was not welcome. Crosby thinks that is unfortunate as there could have been more discussion about concerns.Ms. Williamson,representing the estate,seemed pretty comfortable,which is a good sign. Crosby would welcome Mr.Johnson to talk about what his plans are but if he does not,that is also fine. Controlling what someone does with their own private land, as long as it is within the City Code,the City is not the land police and do not do that,they must play within the rules. Crosby stated the City has vacated old easements that have no purpose.He noted regarding Hattie Place,the City could talk about paving it and making it go all the way through to West Branch. If they have it there and they have the ability to do it, does that mean the City should do it? If it has no place there,then vacating it is not a problem. Crosby seconded the motion.VOTE: Ayes 4,Nays 0. Page 12 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. Printup noted they will take a short break before resuming the meeting. FINANCE DIRECTOR REPORT Finance Director Olson stated they are over budget on building permit revenue at$672,000 of revenue where the budget was originally$557,000 or 121%of revenue. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Edwards had nothing to report. PUBLIC COMMENTS Brad Erickson,2485 Independence Road, stated it is unfortunate that Crosby had to leave;however,Mr. Erickson is encouraged after the meeting two weeks ago and they are finally having back-and-forth dialogue about the inappropriate videos and Nazi rhetoric being spewed by certain members of the City Council. Many questions remain and he is hopeful they can address them.How is it that the mayor of one of the most affluent cities is allowed to peddle Nazi comparisons for political gain,then threaten by intimidation the second coming of the third Reich via Facebook Messenger?How is it that Mr. Crosby is allowed to peddle Nazi comparisons,propagate extremism,then act as if to serve the community he swore to protect?Is this really our new normal?These two men brought a Nazi narrative to this City and to these Chambers through their words and actions. It is these men who must be held to account. The very day Mayor Walsh sent a Facebook video invoking the extermination of six million Jews,he sealed his political future. Shameful. This has been and will continue to be Mr.Erickson's duty as the grandson of holocaust survivors. It is also his honor and privilege to speak for those who no longer can speak. In addition to the Jews who were murdered,another five million less-than-desirables were also executed. Then there are the millions who survived and Mr. Erickson asked how many times will they be crucified? He noted they are courting a deep, dark, depraved ideology the depths of which they cannot imagine and no one should be flirting with such filth and vile messaging, especially elected officials.Mr.Erickson stated this is very dangerous territory and they are both ignorant, intolerant, and dangerous men. It is men like them who brought the Nazis to power and men like them who must be stopped from holding future office.Mr.Erickson stands behind everything he has said here in front of God and man and will continue to beat this drum until they are gone.He is imploring the City to live up to its name after the honorable Joseph Orono. MAYOR/COUNCIL REPORT Seals spoke about the Tree Lighting event noting it was very cold,many people still came out, and it was a good sign. Many residents were very thankful for this community event and she received lots of good feedback. She noted they had so many volunteers serving and setting up as well as amazing donors. Johnson thanked Printup for his 12 years of service noting this is a tough job and one does not do it for the fame,glory, or money. Johnson's heart goes out to the Krahl family noting Ms.Krahl was a young Page 13 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12,2022 6:00 o'clock p.m. woman and gone too soon. He noted he and Seals resumed negotiations with Long Lake regarding the fire discussion and are currently in a holding pattern with an offer from Orono while awaiting Long Lake's answer.The goal is to keep the department together but they will respect whatever decision Long Lake makes. Printup thanked the prior City Councils he sat with as well as the current City Council.He has learned a great deal and thanked City Staff for their help along the way. Printup wished Ms.Berison good luck as the newly appointed City Council Member. Mayor Walsh noted the Tree Lighting was really good,they had fire pits, carolers, Santa, and it was special.He wished everyone a Merry Christmas and Happy New Year.Mayor Walsh noted he is a commercial real estate broker and has been doing continuing education.He noted in Maple Grove has had large developments that are strictly rental developments and now have a moratorium against the rentals as it has impacted their neighborhoods and areas.Mayor Walsh noted the City has been afirewall and a long time ago people said he is a developer and will develop many marinas and homes. He clarified he is not a developer but a real estate investor and people in Orono wanted to keep Orono the way it was with one acre zoning,two acre zoning,and did not want apartment complexes coming in.Mayor Walsh stated they have told developers throughout the years if they follow the rules in place for the land they are developing they are good. However time after time they would come in and ask for something different.He thinks developers now know there is no point in coming to Orono and asking for changes. He spoke about density,developments coming closer to Orono,and density on Highway 12 that the Met Council has forced the City into and rezoned some of those areas while keeping height standards without going into neighborhoods with density. It scares him when the Met Council will come with anothr round and he asked where Orono will put that density.It is not a battle the City can win but need to be as magical as they can to work with them and keep the Orono way of life the way they like it.Mayor Walsh closed by reading the Resolution of Appreciation for Member Printup and presented him with a plaque. ADJOURNMENT Seals moved,Johnson seconded, to adjourn the meeting at 9:00 p.m.VOTE: Ayes 4, Nays 0. AT ST: A a Carlson, City Clerk Dennis Walsh,Mayor Page 14 of 14