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HomeMy WebLinkAbout06-13-2022 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 13,2022 6:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: City Council Members Aaron Printup,Richard Crosby III, Victoria Seals,and Matt Johnson;Mayor Dennis Walsh was absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,Public Works Superintendent David Goman,Finance Director Ron Olson,Community Development Director Jeremy Barnhart,Parks and Golf Course Superintendent Joshua Lemons. Printup called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA Printup noted they would remove item 20,LA22-000022 and put it on the regular Agenda. 1. CITY COUNCIL MEETING MINUTES OF MAY 23,2022 2. CLAIMS/BILLS 3. APPROVAL OF FIRE WORKS DISPLAY PERMIT—880 PARTENWOOD ROAD 4. APPROVAL OF TRANSIENT MERCHANT LICENSE—RENAISSANCE FIREWORKS INC. 5. APPROVAL OF RENTAL LICENSES 6. APPOINTMENT 2022 ELECTION JUDGES—RESOLUTION NO. 7268 7. APPOINTMENT OF 2022 PRIMARY AND GENERAL ELECTION ABSENTEE BALLOT BOARD—RESOLUTION NO.7271 8. APPOINTMENT OF SEASONAL EMPLOYEES 9. APPROVAL TO DISPOSE OF BICYCLES 10. APPROVAL TO DISPOSE OF FIREARMS 11. APPROVAL TO DISPOSE OF UNCLAIMED PROPERTY 12. AUTHORIZATION TO PURCHASE PATROL RIFLES 13. APPROVAL OF FOX STREET PRELIMINARY PLANNING AND ENGINEERING (PROJECT#23-001) 14. APPROVAL OF A RESOLUTION OF SUPPORT-DIAMOND LAKE REGIONAL TRAIL—RESOLUTION NO.7269 15. COMMUNITY DEVELOPMENT DIRECTOR RESIGNATION/RECRUITMENT PROCESS 16. INTERIM COMMUNITY DEVELOPMENT DIRECTOR—APPOINTMENT Page 1 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 13,2022 6:00 o'clock p.m. 17. APPOINTMENT OF FULL TIME MAINTENANCE WORKER& MAINTENANCE WORKER RESIGNATION/RECRUITMENT PROCESS 18. LA22-000018—CITY OF ORONO TEXT AMENDMENT RELATED TO NON- ENCROACHMENTS AND IRRIGATION SYSTEMS—ORDINANCE NO. 272,THIRD SERIES 19. LA22-000019—CITY OF ORONO TEXT AMENDMENT RELATED TO DOCK IN THE RS ZONING DISTRICT—ORDINANCE NO.273,THIRD SERIES 20. LA22-000022—CITY OF ORONO TEXT AMENDMENT RELATED TO DEAD AND DISEASED TREES—ORDINANCE NO.274,THIRD SERIES This item was removed from the Consent Agenda and moved to the Community Development Report. 21. SEPTIC SERVICES CONTRACT AGREEMENT 22. APPROVAL OF AMENDMENT TO THE 2022 FEE SCHEDULE—ORDINANCE NO. 271,THIRD SERIES Crosby moved, Seals seconded,to approve the Consent Agenda as amended.VOTE: Ayes 4,Nays 0. • FIRE DEPARTMENT REPORT 23. PURCHASE OF FIRE EQUIPMENT Printup noted this item will be removed from the Agenda and brought back at a future date as the Fire Department was not able to be present this evening. Crosby moved, Seals seconded,to table the item until a future date.VOTE: Ayes 4,Nays 0. PUBLIC COMMENTS Robert Manson,6740 Clearwater Creek Drive,Lino Lakes, has been Attorney for Brad Erickson for over 20 years. He stated many Council Members are aware of Mr. Erickson's concerns and Mr.Manson is hopeful to get those resolved,perhaps by meeting with members of the City Council prior to the next meeting. If not,he will come back at that point in time. Timothy M. Hultmann,280 Lake View Avenue,Long Lake, is almost a 44 year resident of Long Lake and is a former member of the Long Lake Planning Commission,EDA Board,member of the City Council, and former Mayor. He has been following the ongoing saga of Mayor Walsh's determined effort to take control of the Long Lake Fire Department. Regarding the residents and businesses serviced by the Long Lake Fire Department fire fighters,Mr.Hultmann would like Mayor Walsh to put ego aside and accept the offer from Long Lake in purchasing Station 1 at Willow Drive in Orono. To quote a former Excelsior resident speaking to Mick Jagger 50-some years ago: you can't always get what you want. PRESENTATION Page 2 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 13,2022 6:00 o'clock p.m. FINANCE DIRECTOR REPORT Finance Director Olson shared a slide showing monthly building revenue permits,noting May 2022 was a bit behind May 2021 but they are up to 38.2%of the budget. He said if it stays where it is now they will probably be just fine by the end of the year. COMMUNITY DEVELOPMENT REPORT 20. LA22-000022—CITY OF ORONO TEXT AMENDMENT RELATED TO DEAD AND DISEASED TREES—ORDINANCE NO. 274,THIRD SERIES Community Development Director Barnhart shared in May the Planning Commission reviewed a text amendment related to dead, diseased, and hazardous trees.There is a requirement to replace live trees in the shoreland area and there is no real requirement to replace dead trees. There is also no consideration to hazardous trees or trees that may fall down onto another property causing damage or injury,or diseased trees that may spread their diseases in the neighborhood. This draft ordinance is intended to provide some guidance to these things. The Planning Commission recommended that trees should be replaced one-to- one(one tree removed,one tree added)to continue to establish foliage and vegetation in the shoreline. Planning Commission recommended approval of the change. Jay Nygard, 1386 Rest Point Road, approached the podium and noted he gave public input at the Planning 4111 Commission meeting because he went through a process where the City wanted him to put 8 trees of a certain size in a certain area to replace a tree he took down for a boathouse the tree was wrecking.He negotiated with the City as he did not want a wall of trees and found reasonable places to put trees so it worked out.Mr.Nygard noted it may have gone too far here in saying that any tree of any size; he thinks they still need to have some requirements as there will be someone saying a sapling is a tree,it is a size, and it will work. He thinks the ordinance still needs a little tweaking and believes the Comprehensive Plan says something about maintaining the trees around the lake to make sure the foliage does not go away.Mr.Nygard noted a neighbor chose to cut a tree down and had his arborist"claim"that it was severely diseased.Mr.Nygard took the stump and it was clearly not diseased severely. If someone claims "the arborist said this" it is just like anything else,trees are important to the lake,an inspector needs to be sent out to look at the tree,they need an inspector,a permit in advance,and to follow the process.He thinks there should be a penalty for taking trees down without contacting the City first and they need to find a reasonable middle ground as the previous ordinance was too onerous and this one swings a little too far to the other side. Barnhart noted Mr.Nygard raised an important point and in regards to his boathouse tree, it could be deemed hazardous or diseased,but previously it was "alive"so it fell into items 1-3 in terms of replacement size.Based on this ordinance if a tree is hazardous or dangerous the City can allow that removal to occur and then the homeowner just needs to replace 1 or 2 trees,whatever the Council wants to add.This draft ordinance allows a property owner to remove a diseased or hazardous tree as long as they replace it. Barnhart noted there is not an arborist on Staff so they look for those with expertise to tell the City whether a tree is diseased and this ordinance is intended to help people with situations like Mr. Nygard. Mr.Nygard bets an arborist would be more than happy to work for the City of Orono on a set fee-per- 11110 visit. Page 3 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 13,2022 6:00 o'clock p.m. The City Council and Barnhart discussed the item including hazardous trees, amount of trees to be replaced, other cities' Codes on trees, one-for-one tree replacement,penalties,and consideration for trees blown over during storms. Seals suggested if someone is touching a tree,whether dead or alive, a tree peiiriit should be required across the board. Barnhart stated the City Attorney could draft something. Crosby does not think the City needs it for a dead tree. Johnson noted there are also property rights and if there is a dead tree on someone's property one should not have to call the City and get their permission to take down the dead tree.He thinks they are getting a little deep in the philosophical concern about the City not having a lot of power when people are taking advantage and taking down trees. Johnson moved, Crosby seconded,to approve LA22-000022—City of Orono text amendment related to dead and diseased trees—Ordinance No.274,third series,as written.VOTE: Ayes 3, Nays 1 (Seals). PARKS AND GOLF COURSE REPORT 24. ORONO PUBLIC GOLF COURSE KITCHEN UPDATES S Golf Course Superintendent Lemons stated the Park Commission has requested the City look at a kitchen update at the golf course. Over the past year and a half they have been looking at how to improve the kitchen to get architectural drawings and proposals to move forward with those designs.They have two proposals from Oertel Architects($9,080)and JDD Studio($6,600), Staff is recommending JDD Studio's proposal. Seals stated it is a very small and limited kitchen right now and because the golf course has been pretty popular and paying for itself,reinvesting money into it is a good idea. Printup thinks it will pay for itself in future years with more use of the golf course and kitchen. Johnson moved,Crosby seconded,to approve Orono Public Golf Course kitchen updates and signing a contract with JDD Studio.VOTE: Ayes 4,Nays 0. Lemons shared a general Parks update sharing a slide on golf course revenue. He noted they had a terrible April due to weather with only four decent golf days as the average temperature was 40 degrees. In May and June they have been moving very strong and are sitting about 11%behind where they were the previous year.They have really increased on concessions and alcohol sales and are ahead of the previous year in that area.Rounds played are slightly down but season pass rounds are up and they are selling more season passes, as well as junior rounds. Lemons noted they will have some Junior PGA tournaments in June and July and it is another busy year for golf. CITY ATTORNEY REPORT 1110 Page 4 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 13,2022 6:00 o'clock p.m. Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Edwards updated the City Council,noting they had a pre-construction conference for roads this year and road projects are set to begin on July 5 with an expected completion date of September 5. The vast majority of roads are mill-and-overlay which are fairly quick with minor disruptions to residents. Edwards also acknowledged Mr. Barnhart for seven years of service as the Community Development Director. MAYOR/COUNCIL REPORT Seals noted it has been on the docket to look at a Fire Consultant/Chief and some work has been done. After discussing with the Mayor,he thought it would be good to punt it over to the Re-organization Committee. Edwards asked for direction at this point as anything that needs approval will come back to the City Council. The City Council shared their support for the direction to direct the Re-organization Committee to look at • it. Seals stated they are coming up on budget season and the Council tries to jam much of that into work sessions and do not get through all of it. The Mayor thought it would be a good idea to create a budget committee to allow more time to dive into those line items before City Council approval. Edwards would bring to the City Council's next meeting an amendment to the standing committee list and formal approval would be at that meeting. The City Council shared their support for the suggestion. Seals said the City Council received a letter earlier in the day from the City of Long Lake in response to the City of Orono's letter.Being married to a fireman she received the letter earlier in the weekend and has thought about it a lot,talked to other firemen,talked to the Mayor of Long Lake,and she does not think the negotiations need to stop.After talking to Long Lake Mayor Miner today she thinks there is misalignment in communication and an opportunity to sit down with Long Lake staff to look at what the two cities can agree upon. Seals thinks they all owe it to themselves and residents to chill out for a moment and have a sit down and that both cities can do better regarding communication. She thinks there is some middle ground that they just have not found yet and this is not in the best interest of the firefighters, either,as they do not know where they are going.The majority of the firemen and firewomen are Orono residents which puts them in an odd situation.There is a reason Station 1 is built in Orono and much of this is short-sighted for the City to act and not try to sit down with Long Lake,pause for a second, and try to figure it out. She does not think any of the fire people think Orono or Long Lake are great right now. Crosby stated the thing to understand is that this is a business decision. There has been a lot of rhetoric thinking it is about their performance or the way the fire department has done something and that is not Page 5 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 13,2022 6:00 o'clock p.m. the case.It is a math decision—if Orono pays 85% of the bill,they are going to have their name on the door. Crosby would not vote for Long Lake to buy Station I in Orono.As stewards of taxpayer dollars, how do they spend 85% of the money for a fire department and have no say?He respects the history and he was part of that history at Long Lake Fire. Cosby stated they need cohesiveness within that fire department and it is not a performance thing, it is a dollars and cents thing. He shared that he and his wife renewed their vows the previous week and are celebrating 30 years of marriage on the 16th of the month. Johnson is not opposed to Long Lake deciding to have their own smaller fire department.He is not going to close the door to any concept including selling the building over there. The City Council's goal and responsibility is to have the best fire service for Orono residents;he noted they all hope it includes Long Lake. Seals thinks there is probably a better end-point and would like to talk with Long Lake. Johnson noted they cannot piecemeal everything. What Orono asked for was to get their own appraisal and for Long Lake to also get an appraisal.He thinks Orono needs to develop a plan for communication as he would like to get rolling. He hopes Orono is covering Long Lake and"Long Lake Fire"is still on those trucks while having a different level of influence over the budget and management to use Orono's size, scope, and police to be more efficient than it is right now with centralized communication.This would also bring costs down.He noted it is not that complicated but it is about sitting down and figuring it out to make decisions.He congratulated Community Development Director Barnhart. Printup said there is history,people love the fire department,and it becomes an emotional issue with heels being dug in which is normal.He agrees they need to be able to talk with the facts and that in the future costs could come down. ADJOURNMENT Johnson moved, Seals seconded,to adjourn the meeting at 6:51 p.m.VOTE: Ayes 4, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh,Mayor S Page 6 of 6