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HomeMy WebLinkAbout07-10-2023 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING July 10,2023 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 Councilmembers Matt Johnson,Alisa Benson,Richard Crosby III,and Maria Veach. Representing Staff were City Attorney Soren Mattick,Finance Director Ron Olson, City Planner Melanie Curtis and City Planner Natalie Nye. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA The agenda was approved by consensus CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JUNE 26,2023 2. COUNCIL WORK SESSION MINUTES OF JUNE 26,2023 3. CLAIMS/BILLS 4. AUTHORIZATION TO HIRE ANNE HENTGES—ACCOUNTANT 5. APPROVAL OF RENTAL LICENSE 6. APPROVAL TO ACCEPT DONATION—CENTERPOINT ENERGY COMMUNITY SAFETY GRANT—RESOLUTION NO. 7379 7.' APPROVAL OF TONKAWA-PARTENWOOD FORCEMAIN REPLACEMENT AWARD (22-021) 8. LA23-000022—MICHAEL CLARK,565 LEAF STREET,VARIANCE—RESOLUTION NO. 7380 9. LA23-000023—BOB RENAUD WITH MINNESOTA GREEN O/B/O BRENT LONGVAL, 1856 SHADYWOOD ROAD,VARIANCE—RESOLUTION NO. 7381 This item was removed from the consent agenda 10. LA23-000024—SARAH& KEVIN REVERING, 1960 FOX RIDGE ROAD,VARIANCE— RESOLUTION NO.7382 11. LA23-000028—LOREN AND JULIA PARKS,350 CRESTVIEW AVENUE,VARIANCES —RESOLUTION NO.7383 Crosby moved,Johnson seconded,to approve the Consent Agenda with Item 9 removed.VOTE: Ayes 5,Nays 0. 9. LA23-000023—BOB RENAUD WITH MINNESOTA GREEN O/B/O BRENT LONGVAL, 1856 SHADYWOOD ROAD,VARIANCE—RESOLUTION NO. 7381 Page 1of8 MINUTES OF THE ORONO CITY COUNCIL MEETING July 10,2023 6:00 o'clock p.m. Johnson said he pulled this off the consent agenda to bring some visibility to the item. The applicant was looking to put in a boulder wall in lieu of a timber wall and that requires a variance,he said.The City is working on a change in the ordinance so in the future such applications could be approved by staff instead of having to get a variance.He said he supports this change that is in process and wanted to call attention to it. Johnson moved,Crosby seconded,to adopt Resolution Number 7381.VOTE: Ayes 5,Nays 0. PRESENTATION 12. TOUR DE TONKA Tim Litfin Provided a presentation on the Tour De Tonka,giving an historic overview,sponsors, and groups supported by the Tour. He said Orono has been involved for 18 years.Litfin showed this year's map and shirt.New this year is a medallion hunt with six hidden around the community.More volunteers are still needed. It takes more than 100 volunteers to put on the event,which is set for Aug. 5 this year. 13. REPRESENTATIVE ANDREW MEYERS ANNUAL UPDATE Rep.Andrew Meyers reported on this legislative session that ended in May. He said Orono would receive $370,000 in public safety money and in 2024, some transportation aid although that amount has not been determined.A bonding bill was finally passed this year,Meyers said. Other things that will affect cities will be paid family leave,legal cannabis, and a new requirement for a Climate Action Plan.He said he would be appearing at community events this summer. COMMUNITY DEVELOPMENT REPORT 14. LA22-000064 LEBRISIA IVERSEN,4448 NORTH SHORE DRIVE,VARIANCES City Planner Nye gave a presentation on the variance request explaining the applicant is seeking variances for a house addition on the north side of the home. The property is a substandard lot. There is an existing one-story home that's non-conforming and does not meet the required setbacks and is over on hardcover. The 75-foot setback and average Lakeshore setback line currently run through the existing home and the proposed addition would be completely in front of that those lines but would not encroach any further toward the lake than the existing 35 feet. The proposed addition is two stories with a rooftop terrace above the second story or approximately 12 feet taller than the existing home. They are proposing a new deck that will be closer to the lake and will also be new hardcover within the 75-foot setback. The proposed project would reduce the hardcover but it will not achieve compliance with the 25 percent maximum.Nye said City Staff does agrees that there are practical difficulties present and can possibly support the construction of an addition,but she said the proposed plan creates a new vertical encroachment in the average Lakeshore setback and 75-foot setback and greatly increases the existing nonconformity.The Planning Commission reviewed this proposal at the June 20 meeting and was split, recommending approval by a vote of three to two. The Planning Commission was concerned with overall height and the expansion of the nonconformity,Nye said,but also noted that neighbors were in support of the project and that the addition did not impact the lake views of the neighboring properties. Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING July 10,2023 6:00 o'clock p.m. Andrew Iverson,4448 North Shore Drive,said they bought the house in 2019 but it needed a lot of work so they have taken four years to remodel the house into their home. When they purchased the house it had no siding and all the windows were deteriorating,he said. Their family is growing and they want to add on to the house to create a classroom and additional space as well as the rooftop terrace as a safe play space for their children. He pointed to another nearby residence that was approved to have a rooftop terrace. Mayor Walsh stated the problem with Orono's smaller lots is that people buy properties with existing conditions that couldn't be put there today,and then want to expand that.He said the applicants were just barely able to squeeze just a little bit of living space out of basically a non-buildable lot. He said he was familiar with the property and that the new owners had done a great job with the remodel to this point. Johnson noted due to the size of the lot they would never be able to meet the 75-foot setback but asked if there was a way they could improve the situation by building up.He said the applicant is way below the height limit. Iverson said the house does not have a basement but rather a crawl space and that impacts the ability to have livable space. Walsh said he can definitely see the problem but not having enough space is not a practical difficulty but rather a personal issue. For the City,the problem is being consistent and not allowing residents to expand non-conformities.He said sometimes people need to know what they are buying.When the City says yes to things,it can't say no later on to people with the same kind of issue,Walsh said. Crosby said the biggest issue is creating another non-confirming use where the property is already non- conforming.He suggested tabling it for now and working with the staff to find a compromise. Benson said in reviewing the Planning Commission notes,the added height and the 75-foot lake setback were called out and that the City has been consistent on that. With small,substandard lakeshore lots there's only so much room, she said, and that's why the Council has been consistent in terms of enforcing that. She suggested it might be worth the applicant's while to see if they could think of a plan that may give them a little bit more space living space but not be so far into this encroachment on a number of different areas such as height and side setbacks, Iverson pointed out the house was approved at one time.Now there's new rules and laws and regulations, he said,noting again that they are not trying to encroach any farther towards the lake.He said he feels that they should be"grandfathered"in. Nye said currently residents are not allowed to build anything within the 75-foot setback. There is a house there but expanding that footprint either out or up increases the non-conformity.The Council appears to be willing to let the applicants fill in within the bubble that they have. She suggested talking to their builder to see if they could possibly get a second story within the same ridge line. Johnson said he would not be in favor of any expansion of the existing footprint. If this was someone that was going to build a new house,he said he would be in favor of letting them use the footprint that exists. Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING July 10,2023 6:00 o'clock p.m. But the minute they expand,particularly over this 75-foot setback,then it is walking into an area where there isn't a lot of support from this Council or past Councils on that issue.He said if the Council denied the application the applicant would have to start over,but if the Council tabled the item it would allow them to work with staff and their builder on another proposal. Nye said staff would grant an extension of the application if it is needed. Crosby moved,Johnson seconded,to table LA22-000064,4448 North Shore Drive,Variances VOTE: Ayes 5,Nays 0. FINANCE DIRECTOR REPORT Finance Director Olson gave a presentation on the previous month's building revenue,noting the City is almost even with this point last year for building permit revenue although June was down from the previous year.He said the City's golf course is doing incredibly well this year with revenues of more than $100,000 in June.Although the season started a little later,the golf course is$40,000 ahead of the same period last year and already has surpassed annual revenues from 2019.He said the Parks Director and Club House Manager have been doing an excellent job innovating with special programs such as youth activities and food trucks. CITY ATTORNEY REPORT 15. AMENDING RESOLUTION NO. 7374 VIA RESOLUTION NO. 7384 Attorney Mattick reported that Paul Reuvers,the City's defense counsel in the breach of contract suit brought by the City of Long Lake,drafted a resolution clarifying the City's position and asked that it be brought before the City Council at this meeting. City staff has reviewed it and finds it to be reflective of their intention when preparing the report regarding fire service,he said. The Council has had a closed session on litigation strategy,but resolutions cannot be adopted in closed session, according to the attorney. The purpose of the resolution is to clarify the resolution and the generalized intent of the plan that was prepared by staff and adopted by City Council. Benson said she does not see the resolution as a clarification. It's a change in course,she said, because the first resolution,which she did not support,was talking about resuming responsibility for the operation and maintenance of the Navarre station no later than July 1,2024.In another sentence after that in the new resolution it talks about staff from Orono working with City staff from Long Lake and ensuring a smooth transition. In her reading,she said,they are different things and the first resolution was quite clear. Mattick said neither the City Administrator nor the Fire Chief,when preparing the report and resolution, planned on doing anything without Long Lake's consent.To the extent that wasn't clear,he said, it should have been tighter the first time around and that's the purpose of the amendment. Benson said the new resolution does not include the date of July 1 while the first resolution did. Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING July 10,2023 6:00 o'clock p.m. Mattick said while it still assumes the July 1,2024 date for the service area,it is still a direction to try and negotiate terms regarding the fire station by then,understanding that there will have to be a Plan B if there isn't a negotiated agreement. Benson said she was not in favor of the amendment because it is still attached to the original resolution which she did not support. Johnson moved,Crosby seconded,to adopt Resolution Number 7384 Amending Resolution Number 7374.VOTE: Ayes 4,Nays 1 (Benson). CITY ADMINISTRATOR/ENGINEER REPORT 16. NEXT WORK SESSION DRAFT AGENDA Finance Director Olson,reporting for the City Administrator,said the next work session agenda would be the general fund budget update. • Benson moved,Veach seconded,to adopt the next City Council Draft Work Session Agenda. VOTE: Ayes 5,Nays 0. 17. APPROVAL OF 2023 ANNUAL APPOINTMENTS—RESOLUTION 7385 Finance Director Olson said this came up at a previous meeting and involves removing the Mayor from a couple committees and adding Alisa Benson to the Human Resources Committee and Maria Veach to the Fire Negotiating Committee as well as dropping the School Committee because it hasn't been meeting and the Parks liaison position because any Councilmember can attend the Parks Commission meeting. Benson asked who made the new assignments, what the Human Resources Committee does, and when it had last met. Johnson moved, Crosby seconded,to approve the revised annual appointments as presented and drop the School Committee and Parks liaison.VOTE: Ayes 5,Nays 0. 18. COUNCILMEMBER PROVIDED DOCUMENT LABEL Finance Director Olson said this also came up at a recent Council meeting and is Council direction to allow a Councilmember to prepare documents that have not been prepared by the City and might not be in agreement with the other Councilmembers that they would put a stamp on them or indicate on the documents in some way, shape or form that this is that Council person's opinion or position and not necessarily the position of the whole Council. Benson said her suggestion is that if the City is going to utilize this stamp that it should also apply to the advisory Commissions. She said she had reviewed the tape of the previous meeting and she had indicated she was introducing the documents she presented into the public record and there would be hard copies available at the end. which is why she placed them out in the gallery. She added she had clarified with the Page 5of8 MINUTES OF THE ORONO CITY COUNCIL MEETING July 10,2023 6:00 o'clock p.m. City Attorney that doing so was not violation of anything. She said she was in favor of the wording and thinks it was good to have a discussion around it. Veach said her name was on a comment card and she was disappointed to find that her name had been used and assigned to a support category based on what Benson thought she was saying. She said she thought her comments were matter-of-fact,and they were the same questions she had asked Long Lake previously as a citizen. She said she put those comments together not knowing that they would ever be used in that way or that she would be assigned to a category without her actual comments being used. She wondered why she wasn't included in the third column which was headed just asking questions. Walsh moved, Johnson seconded,to approve the label in paragraph three to be used by Councilmembers when providing documents to the public at City Council meetings.VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Kendall Nygard, 1386 Rest Point Road,and 5658 Judith Road,Bokeelia,Florida,welcomed Councilmember Crosby back saying she had probably made more meetings than he has though she lives in Florida. She said Crosby was characterizing the Fire Department issue as a business decision, so she was going to cover the City's legal affairs. She said she and her husband,Jay Nygard,have lawsuits with the City that tax dollars through the League of Minnesota Cities Insurance Trust are covering in the amounts of$32,000 and$199,000. Other open suits,she said, include$50,000 from the League Trust for Mayor Walsh's private legal fees. In regard to Bederwood Park she said her data request found nothing, but she alleged the attorneys are being paid for that case out of the City budget.Her malicious prosecution suit, she said,is costing the League Insurance Trust$85,000 for maximizing hard cover on their property with a one and five-eighths inch driveway lip,noting the Council had just spent 30 minutes with an applicant attempting to go up two stories on their house.Another suit involving residents seeking some sort of lane access is costing taxpayers $110,000,she said, and the City does not yet know the cost of the Long Lake suit. James Elder, 195 South Brown Road, said he would like to comment on the 2024 preliminary Orono budget. He said it was his understanding that one of the major arguments being made by Orono to start its own Fire Department was that it was paying too much for fire services under the Long Lake Fire Department arrangement. In the 2024 budget,he said,expenses related to fire will account for 24 percent of the City's total budget.The current cost to Orono to lease fire coverage from Long Lake is$544,000 a year,he said,but Orono is preparing to spend$2,251,000 in 2024,which seems to be over four times what the City is currently spending.He said that was startling and a lot of tax dollars for a City likely facing legal action from the City of Long Lake regarding Orono's plans to start a new Fire Department. He asked the City Council to go to mediation before making irreversible financial decisions. David Pierson,2160 Webber Hills Road,said Councilmember Benson had asked about the lack of a date on the fire resolution and it was interesting that the attorney had replied that the date was still July 1,2024 but if no agreement had been reached the City would have to go to Plan B. Plan B,he said,is very dangerous because it will then be an issue of public safety including where the equipment is coming from, Page 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING July 10,2023 6:00 o'clock p.m. what firehouse, and what fire fighters.He said he was also very disappointed in the Mayor's use of the term propaganda at the last meeting. He called it a very incendiary word especially when used toward another Councilmember and by association,the staff.He said the information that had been called propaganda had come from City Council minutes and while he does not expect it,he would ask the Mayor to apologize to both Councilmember Benson and the staff for the use of the word propaganda. Jay Nygard, 1386 Rest Point Road,said he wanted to finish what his wife was talking about with two more lawsuits.Residents have no idea how much it's going to cost,he said,adding it just keeps going with this litigious Council.He pointed out no other community in the area is even close to having seven open lawsuits as does Orono.He accused the Council of violating the open meeting law by coming back and taking additional action after closed meetings. The Minnesota Open Meeting Law prohibits actions being taken in a secret meeting,he said,because it is impossible for the interested public to become fully- informed and present their views.He questioned the City Attorney allowing the Council to have illegal meetings and get itself into multiple lawsuits. He wondered how much that legal representation is costing the City.He said the City is spending so much on lawsuits that there won't be money left for a Fire Department. He added taxpayers are going to be paying for what the City Council is doing.Fees increase every month and taxes are going up,he said.He urged speakers at the Council table to speak up and use their microphones properly. Chelsea Wetrick, Independence, said the Council is nervous when the public speaks because everything that comes out of their mouths is a lie. She read a definition of transparency stating it is the government's obligation to share information that is needed to make informed decisions and hold officials accountable for the conduct of all of the people's business. She asked what the Council is trying to hide. She said in the continued meeting after the closed meeting,the rest of the Council kept Councilmember Veach from making a motion to clear everything up in front of the public and repeatedly cut off Councilmember Benson. She said she was wondering if it's all women they hate or if it's just intelligent women or those that are not subservient. Brad Erickson, 2485 Independence Road,Independence,said if the Council wants to be trusted it has to be honest.He said the Council has had every opportunity to sit down and talk about his allegations face to face.He claimed Councilmember Crosby had begged him to forgive the Mayor but Walsh had brought up his faith and religion.Erickson stated the Bible says one has to seek repentance before forgiveness can be afforded. The Mayor has called him a liar and other names,he said,but the courts are good at getting to the truth.He said the label stamp adopted at this meeting should have been on the video that Walsh sent out before the last election.He said he will prove the Mayor sent the video and will prove that Councilmember Crosby was in Washington,DC on January 6,2021.He wondered what his lawsuit would cost the City, saying he was just getting started spending money. MAYOR/COUNCIL REPORT Benson reminded everyone that earlier in the year the Council had been given a presentation by the City Administrator on proper City procedures. It was explained, she said,that the agenda is approved at the beginning of each meeting and that new items may be introduced at the beginning of a meeting but should not be introduced once the agenda is set. Several times this year,new items have been added after the Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING July 10,2023 6:00 o'clock p.m. agenda has been set by vote, she said, including at the last meeting on June 26,2023 both in the Mayor Council Report and again after the closed session was reopened. Going forward,she asked the Council to abide by the process recommended by staff by adhering to the agenda as adopted and by refraining from the practice of adding new items during the course of meetings. She said she also wanted to discuss decorum at the dais.Robert's Rules of Order are clear that discussion at the dais should under no circumstances involve attacking and questioning the motives of another Councilmember, she said. She noted Councilmember Crosby reiterated the importance of decorum at the last meeting and it's a point well taken. She asked the Council going forward to commit to engaging in discussion while refraining from the use of pejorative language and inferences to the motives of others. In response to the concerns expressed by Councilmember Veach, she said the comment cards were one of just a few opportunities for the public to weigh in on fire service in this City and her intent in presenting the information publicly was that asking for input from citizens and not utilizing it,especially in the issue of fire service, is not helpful. She invited Veach to offer clarifications on the document she presented at the last meeting. She also said she will attend this week's Future Fire Service group meeting. Veach noted Benson said the Council should not question one another's motives but she felt that inferring her motives is what Benson had done in print. Benson could have asked her what she meant, she said, instead of making this her first introduction to many people and especially coming from someone who is well-respected in the community. She added she would like to have been able to discuss this with Benson privately. Johnson said there has been a fire negotiations meeting but the Committee didn't get to the data from the comment cards. They plan to look at that at the next meeting.He mentioned an open house that week at the EOC for anyone interested in becoming a fire fighter. Crosby said he was tired after a wonderful family weekend celebrating the marriage of his daughter. His other daughter will be having a baby soon so he will be a grandfather.He told the assembly life moves fast and they should enjoy the ride. Walsh said the Fourth of July was mostly a safe and fun celebration in town except for the unfortunate incident at the boat club resulting in several boats being burned due to a fireworks accident.He said the rain dampened the fun a bit,probably reducing the size of the crowd in Excelsior for the fireworks. He invited everyone to Coffee with the Mayor the next Wednesday morning.He concluded with quotes from Frederick Douglass and Martin Luther King Jr.adding that the recent Supreme Court decision that took race out of admissions to colleges is a return to Dr. King's dream that his children will be judged not by the color of their skin but by the content of their character. ADJOURNMENT Walsh moved, Crosby seconded,to adjourn the meeting at 7:42 p.m.VOTE: Ayes 5, Nays 0. AT EST: nna Carlson, City Clerk Dennis Walsh,Mayor Page 8 of 8