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HomeMy WebLinkAbout06-12-2023 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 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,Alisa Benson, and Richard Crosby III.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 called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. SWEARING IN CEREMONY 1. OATHS OF OFFICE City Administrator Edwards introduced the agenda item and called on Police Chief Coney Farniok who presented the new police officers and promotees. Mayor Dennis Walsh administered the oath of office to new officers Melissa Klukas and Jennifer Lyrek;Ryan Spencer who was promoted to Sergeant and Tony Wittke who was promoted to Deputy Chief. The officers also received their new badges. 2. ORONO POLICE EXPLORER RECOGNITION Chief Farniok also recognized the members of Orono's Police Explorer Post who received several high placements at a recent conference in Rochester including a first place in emergency field and a first place in interview interrogation as well as second places in crisis intervention training and suspicious activity. Several of the Police Explorer Post members won scholarships at the event. APPROVAL OF AGENDA The agenda was approved by consensus as presented. CONSENT AGENDA 3. CITY COUNCIL MEETING MINUTES OF MAY 22, 2023 This item was removed from the Consent Agenda 4. COUNCIL WORK SESSION MINUTES OF MAY 22,2023 5. CLAIMS/BILLS 6. AUTHORIZATION TO ACCEPT RESIGNATION OF CARRIE KRIENKE 7. APPROVAL OF GARBAGE HAULER LICENSE 8. APPOINTMENT OF SEASONAL EMPLOYEES 9. 2023 CRACK SEALING 10. APPROVAL OF TEMPORARY PARKING PERMIT Page 1 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 6:00 o'clock p.m. 11. APPROVAL OF TONKAWA-PARTENWOOD FORCE MAIN REPLACEMENT 12. AUTHORIZATION TO ACCEPT RESIGNATION OF JAY DEMBOUSKI 13. AUTHORIZATION TO HIRE CADET(CSC)—BECK AND GAGAN 14. PETER JOHNSON,2965 CASCO POINT RD., TERMINATION OF RESOLUTION 5918, RESOLUTION NO. 7369 15. LA23-000017—MURPHY& CO.DESIGN,746 TONKAWA ROAD,VARIANCES FOR HARDCOVER,DRIVEWAY WIDTH AND REAR YARD SETBACK—RESOLUTION NO. 7370 16. LA23-000020—JAMIE GRANT,3020 CASCO POINT ROAD,AVERAGE LAKESHORE SETBACK,VARIANCE—RESOLUTION NO. 7371 17, LA23-000021—TERESA ELSBERND WITH HOME REFLECTIONS, O/B/O JOHN& LESLIE CADLE,2691 ETHEL AVENUE,AVERAGE LAKESHORE SETBACK VARIANCE—RESOLUTION NO. 7372 18. STREET IMPROVEMENT PROJECT PLANNING AND ENGINEERING(PROJECT #24-001) Johnson moved, Crosby seconded,to approve the Consent Agenda with Item#3 removed.VOTE: Ayes 4,Nays 0. 3. CITY COUNCIL MEETING MINUTES OF MAY 22,2023 Benson asked for this item to be pulled from the agenda because the section of the minutes after the closed meeting was reopened to the public did not include that she asked the City Administrator and the City Attorney whether the recording equipment was back on and was told it was not because the technician had already left. She asked that the minutes reflect her question. Benson moved,Johnson seconded,to approve the minutes of the May 22,2023 City Council meeting with that addition.VOTE: Ayes 4,Nays 0. FIRE DEPARTMENT REPORT 19. APPROVAL OF COURSE OF ACTION FOR FIRE NEEDS ASSESSMENT- ESTABLISHMENT OF THE ORONO FIRE DEPARTMENT Fire Chief Van Eyll recapped actions taken by the City Council to date in establishing a fire department. He said staff recommends the final needs assessment with option four which is the hybrid model with a full-time chief, daytime duty crews and paid on-call firefighters. He said staff further recommends the City establish a response guideline based on the suburban demand zone from NFPA;the establishment of a daytime duty crew staffing structure; and developing a hiring and recruiting process to staff the new department including a pension plan that is beneficial to all firefighters currently serving the Orono area who wish to join the new Fire Department. The City would focus negotiating effort on the disposition of station one of select fleet and equipment with the City of Long Lake, initiates the purchase of equipment and vehicles, and adopt the League of Minnesota Cities' formula for any fee for services contracts. Page 2 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 6:00 o'clock p.m. Johnson said the City Council has worked on this topic for some time and he has been closely involved. He noted that Orono is in receipt of a letter from the Long Lake Fire Relief Association stating that the firefighters wanted to stay together as a unit. He said the City of Orono is in the best position to take on all of the Long Lake firefighters and would be having a series of meetings that includes all firefighters that are interested and coming aboard with the City of Orono because their help and input is needed and the City is committed to increasing response times. Their input would also be needed in structuring the Relief Association, compensation, and furthering conversations about allowing firefighters to participate in multiple departments at the same time.He said he was ready to make a motion. Johnson moved, Crosby seconded,to accept the Fire Department Needs Assessment as presented. Benson asked for additional discussion after the second. Walsh said they were finished with discussion and called the vote. VOTE: Ayes 3,Nays 1 (Benson). Johnson moved,Crosby seconded to adopt Resolution 7374 Resolution for the removal of the Navarre service area from the Long Lake Fire Department service area and resumption of Orono control and operation of the Navarre Fire Station and to adopt Resolution 7375 Resolution for the establishment of the Orono Municipal Fire Department with a phased in timeline beginning in 2024. Benson again asked for additional discussion. Walsh said no more discussion was needed. VOTE: Ayes 3,Nays 1 (Benson). APPOPINTMENT OF CITY COUNCIL MEMBER 20. APPOINTMENT TO FILL VACANCY ON THE ORONO CITY COUNCIL Walsh said the City Council had interviewed nine great candidates which made the selection difficult. Johnson indicated the nine candidates included one candidate who was not able to be interviewed that evening due to a pre-planned vacation, but was interviewed in person or via phone by each of the members of the City Council. He said he would recommend appointing Maria Veach, the individual who was not able to be interviewed on that day. He said Veach is the CEO and CFO of a local business employing over 400 persons, is a member of multiple groups in the community, and an Orono graduate. She also has a husband that is a firefighter,he added, and she brings a great background. He said he would move the appointment. Johnson moved to appoint Maria Veach to fill the vacancy on the Orono City Council. Page 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 6:00 o'clock p.m. Crosby said he also interviewed Veach on the phone and appreciates everybody who did apply,noting they had some really good candidates and it wasn't an easy decision.He stated Veach stepped up and she really appealed because of her business acumen,so he would second her appointment. Crosby seconded the motion. Benson said the Council had 10 individuals,one of whom couldn't be present that night,who came prepared to speak and answer questions. However, she said there has been zero deliberation and she would like to discuss the merits of several of the candidates. Walsh called for a motion to end discussion. Crosby said he would like to hear what Councilmember Benson had to say and her ranking for her top candidates. Benson said she wanted to start by saying it's very important not only to understand how the Council makes decisions,but to understand members' own limitations as it makes decisions. This is a position that an individual will fill for Council, after Councilmember Seals resigned,for the next year and a half in the midst of very big decisions. She said it's confounding to her that the Council is not willing to take time to hear each other's thoughts with the understanding that all are asking valid questions. She said she would like to deliberate and discuss each of the candidates. Johnson said there was a motion and a second on the floor and asked if she was opposed to the recommended candidate. Benson said opposition is not the word she would use but rather that the Council should look at each candidate in terms of assets and what people are bringing to the table as well as potential concerns. She said Veach was not able to be present through no fault of her own and that she did have an opportunity to speak to Veach on the phone. Benson noted a potential concern is that she is married to an active firefighter. She said Attorney Mattick had addressed the potential for conflict not being present in the case of Councilmember Seals,but that didn't stop some conflict points being brought up. If it is possible to entertain candidates and to look thoroughly through these other candidates that don't potentially come in with those optics from the outset. She would like to do that, adding everybody here has lots of good points including Maria Veach. Crosby said it would be unfortunate to penalize somebody because the husband is serving the community. Benson said the Council has not had an opportunity to discuss the merits of these candidates. Walsh said we have a motion and a second so the discussion is on the motion. Johnson said this was his first choice based on the hearing open, listening, engaging, and talking to people,that is his candidate and to go through the other ones,at this point,he didn't think was necessary and that it's his job to state his first choice. Page 4 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 6:00 o'clock p.m. Crosby said if Benson has a candidate that she really likes that was her top choice,the Council could discuss that person. Benson said it was not her goal to throw out one name or just make a motion but to take the time to discuss the merits of the candidates. She asked if there would be a possibility of withdrawing the motion on the floor in order to discuss other candidates. Attorney Mattick said Councilmember Johnson could choose to withdraw his motion. Johnson and Crosby indicated they were not interested in withdrawing the motion and second. Johnson moved, Crosby seconded,to adopt the attached Resolution No. 7377 appointing Maria Veach to the unexpired term on the City Council that expires on December 31,2024.VOTE: Ayes 3,Nays 1 (Benson). Edwards said Veach would be present for the next meeting and would take the oath of office then. 21. APPROVAL OF 2023 ANNUAL APPOINTMENTS—RESOLUTION NO. 7373 Walsh explained the purpose of this item on the agenda is to appoint other individuals to the positions and committees that had been held by Victoria Seals. Walsh moved,Johnson seconded,to appoint Richard Crosby as the new Acting Mayor in the event the Mayor is not present,and to appoint the new Councilmember to all of Victoria Seals remaining committees. Benson asked to have a spreadsheet she had prepared displayed as a slide. Walsh asked if the information on the slide had been vetted by the City staff for accuracy and since it had not, he refused to allow it to be displayed, saying he didn't know if it was accurate information or Benson's opinion or propaganda. VOTE: Ayes 3,Nays 1 (Benson). 22. LMCD UPDATE—RICHIE ANDERSON Richie Anderson said he had been the LMCD rep for the City since 2019 and it was a requirement that the budget be presented to member cities by July 1. He said he has been treasurer of the group since 2022 and heads the budget committee. In 2023 at his recommendation LMCD decided to use its larger-than- necessary reserves to reduce the amount member cities need to pay for five years. Other highlights in the proposed budget include funding for two dedicated officers on Lake Minnetonka who cannot be pulled off the lake for another emergency elsewhere in the County. Member cities will pay the same share of the levy in 2024 as they did for 2023. Page 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 6:00 o'clock p.m. COMMUNITY DEVELOPMENT REPORT 23. LA23-000011—MATTHEW& SUSANNE JOHNSON, 1015 WILDHURST TRAIL/PID 07-117-23-21-0002(FKA 1003 WILDHURST TRAIL),SUBDIVISION: PRELIMINARY PLAT—RESOLUTION NO. 7373 City Planner Curtis presented a summary packet of information. The property is just over nine acres and it is located within the R1 zoning district which requires a minimum area of two acres per lot.The wooded lot has sloping terrain and includes a small wetland.Building pads and site grading have not been proposed at this time. The applicant is proposing to subdivide the property in a front lot/backlot configuration with a private shared driveway access off of Wildhurst Trail. The properties will be served with sanitary sewer and private wells. The proposed subdivision is conforming to zoning standards and consistent with respect to the rural character of the surrounding neighborhood. In May the Planning Commission held a public hearing and voted seven to zero to approve the preliminary plat.No comments from the public have been received. Staff recommends approval, she said. The applicant's next step would be the final plat Walsh stated preliminary plat followed by a final plat is the standard process. Benson pointed out the applicant is a City Council Member and said the concern within the community is that there's going to be a major change brought forward in the future that makes it different whether it's a different driveway or a larger lot subdivision. She asked to clarify that this preliminary plat is for these two lots with a shared driveway and that if any major change were to occur the preliminary plat process would have to start over again. Curtis said that was correct.The property is being subdivided without a road. Two lots can share a driveway. There can be minor changes from preliminary plat to final plat but as long as those changes are conforming it can move forward. Significant changes would trigger a new application. She said the applicant has done a conservation design of the natural resources on the property but the applicant does have the right to cut trees. Benson asked if there had been any concerns,if the wetlands had been considered and about the obligation of the applicant to provide sewer. Curtis said there were no concerns at the time of the conservation design but the wetlands had been mapped.The applicant is planning to connect to sewer but is under no obligation to do so.Private septic systems could also be used. Benson asked the applicant about trees removed on the property. Matt Johnson, 1003 Wildhurst Trail,speaking from the audience,said no trees have been removed but there are about 100 trees that over time have fallen. Crosby moved,Walsh seconded,to adopt PID 07-117-23-21-0002 (FKA 1003 WILDHURST TRAIL),SUBDIVISION: PRELIMINARY PLAT—RESOLUTION NO.7373 Page 6 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 6:00 o'clock p.m. VOTE: Ayes 3,Nays 0.Johnson had stepped down from the Council dais for this item and did not vote. COMMUNITY DEVELOPMENT REPORT Community Development Director Oakden said building permit revenues have remained pretty consistent although slightly up from 2022. She said the department is staying busy with six land use applications that were published in the legal notices recently for the upcoming planning commission meeting. The City has also wrapped up its participation in a Minnehaha Creek Watershed Districts land and water TAC or Technical Advisory Committee. FINANCE DIRECTOR REPORT Finance Director Olson gave an update on the City's audio-visual project for the City Council chambers and broadcasting of City meetings. Security and Sound has the equipment on order and some has been delivered but a delay in the broadcasting component will mean it will likely be September before the system is installed and operational. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. Benson asked the Attorney or Mayor Walsh to address the topic of a non-profit that was formed around public safety. Walsh said a 501 c4 was formed in the spring of 2022 for the purpose of supporting a candidate for County sheriff but since the candidate withdrew,there was never any money raised and the 501c4 was never used. CITY ADMINISTRATOR/ENGINEER REPORT 24. NEXT WORK SESSION DRAFT AGENDA Edwards updated the City Council,noting that because of the time needed to interview City Council applicants at the June 12 Work Session,the two planned topics,2024 preliminary budget and THC legislation update,needed to be postponed to the next Work Session on June 26,2023. Johnson moved, Benson seconded,to approve those changes to the next City Council Work Session agenda.VOTE: Ayes 4,Nays 0 RECESS& RECONVENE Mayor Walsh recessed the meeting at 7:24 p.m. The meeting was reconvened at 7:29 p.m. PUBLIC COMMENTS Kelly Prchal, 705 Watertown Road,Orono,thanked the City Council for the opportunity to interview for the open City Council position that evening but asked,with no discussion around qualifications,what the Page 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 6:00 o'clock p.m. Council was looking for or the decision making process. She noted the selection of a candidate who appears to have the same conflict of interest and who was not here for the rest of the candidates to hear the interview,made the hours that were spent that evening feel inconsequential and moot. She added the new rubber stamp voting process with the Mayor looking to the two Council Members to his left for a motion and a second makes it seem they are not even trying to appear to be considering the issues or collaborate with the full Council. She said Orono has a fractured community which no longer trusts its Mayor and City Council leadership. The obvious rubber stamp process between the three Council Members on major decisions is further damaging community relations, she said,and the City is in a PR crisis. She said it appears the majority of the Council does not want to hear from constituents and will disparage and disrespect other Council Members and she was incredibly disappointed in those three Council Members. Leonard Freeman, 190 Signet Place, Orono, also said he was disappointed.He said he has lived in the community for about 25 years and has been active as an election judge and the former rector of St. Martin's by the Lake.He said although he had grown up on the east coast in several large cities,he had rarely seen something like what is now going on in Orono.He said residents have come to distrust the Council's judgment about what's going on with the fire department because the decision seems to be a kind of a fait accompli with the Council taking steps like hiring people before the discussion almost got started.He said he had read the letter from the four previous Orono mayors and is concerned about the issues they raised regarding finances. He said the only option they were leaving citizens is to vote them out of office.He added the Council is heading for serious trouble and is putting all Orono residents in serious trouble. Claire Barrett, 1085 Brown Road South,Orono, said she had been a resident of Orono for approximately 27 years and pointed out that the City Council was elected by the people who had voted for them. She said she is quite proud of all of them and will be proud of Ms. Veach as well when she joins the Council. Things don't always go the way you want with every decision,she said,but that's why we have elections. She applauded everyone who applied to fill the vacant City Council position and said there is a process that the Council has followed to appoint that person and they could have appointed without interviewing anyone,so the process was quite generous,inclusive and transparent. Barrett said she was frustrated by the level of discord by several noisy people who do not represent all of Orono and don't necessarily even live in the City. If things aren't going the way that the majority wants, she said,then there's another election. But, right now,these people were elected by citizens to do their job and the community has to let them do their job. Chelsea Wetrick,Independence,said it seems the City Council can do whatever they want. She said it appears there was discussion on the new member for the City Council but that Benson wasn't involved. The other three had their own discussion concerning who would follow them best,she said. She added she thinks the people should be voting on the new Council Member. After a period of shouting between the speaker,the Mayor and Council, and other audience members,the Mayor called for adjournment. MAYOR/COUNCIL REPORT Page 8 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING June 12,2023 6:00 o'clock p.m. There were no Mayor or Council Reports. ADJOURNMENT Johnsaon moved, Crosby seconded,to adjourn the meeting at 7:38 p.m.VOTE: Ayes 3,Nays 1 (Benson). ATTE T: Anna Carlson, City Clerk Dennis Walsh,Mayor Page 9 of 9