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HomeMy WebLinkAbout09-11-2023 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING September 11,2023 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.Absent: Maria Veach.Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,Finance Director Ron Olson, Community Development Director Laura Oakden,and City Planner Laura Nye. Mayor Walsh called the meeting to order at 6:00 p.m.,followed by a moment of silence for the victims of 9/11 and the Pledge of Allegiance. Mayor Walsh called on Crosby to give some facts on the number of lives lost in the Twin Towers and on the airplanes that day. Crosby said he became a fire fighter because of 9/11,adding that one of his friends died in the first tower.It was a tragic day but was positive in that it brought all Americans together,he said. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2023 2. CITY COUNCIL MEETING MINUTES OF AUGUST 28, 2023 3. COUNCIL WORK SESSION MINUTES OF AUGUST 28,2023 4. CLAIMS/BILLS 5. APPOINTMENT OF SEASONAL EMPLOYEES V6 6. APPROVAL OF NEXT WORK SESSION AGENDA This item was pulled from the agenda. 7. TONKAWA-PARTENWOOD FORCEMAIN REPLACEMENT(22-021)- CHANGE ORDER 1 8. LA23-000024,SARAH& KEVIN REVERING, 1960 FOX RIDGE ROAD,VARIANCE— RESOLUTION NO.7396 9. LA23-000038,JACK EVANS JOAT INC., O/B/O JOHN"JACK"WEIST, 1920 CONCORDIA STREET,VARIANCE—RESOLUTION NO. 7397 10. ASSIGNMENT OF DEVELOPMENT AGREEMENT—CRYSTAL BAY BUSINESS CENTER Page I. of8 MINUTES OF THE ORONO CITY COUNCIL MEETING September 11,2023 6:00 o'clock p.m. 11. LA23-000040,SWANSON HOMES,3017 NORTH SHORE DRIVE-FINAL PLAT SWAN BEACH—RESOLUTION NO. 7401 12. LA23-000030,RYAN ORTLIP, 4685 WEST BRANCH ROAD,REZONING— RESOLUTION NO.7398 AND ORDINANCE NO.283,THIRD SERIES 13. LA23-000037, GAVIN TEMPERO,3260 BOHNS POINT LANE,VARIANCE— RESOLUTION NO.7399 14. LA23-000039, 1380 REST POINT DRIVE—VARIANCES—RESOLUTION NO. 7400 Crosby moved,Johnson seconded,to approve the Agenda and the Consent Agenda with Item 6 removed.VOTE: Ayes 4,Nays 0. 6. NEXT WORK SESSION AGENDA Benson asked about the main item for the next work session agenda. City Administration Edwards explained it will be an update on the re-codification process of ordinances, cleaning up statutes,terms and so forth that cities are asked to do on a regular basis. Benson moved, Crosby seconded,to approve Item 6 Next Work Session Agenda.VOTE: Ayes 4, Nays 0. PRESENTATION 15. PROSECUTING ATTORNEY ANNUAL UPDATE This item followed Item 16 until the arrival of the prosecuting attorney, Steve Tallon. COMMUNITY DEVELOPMENT REPORT 16. LA23-000042—4731 NORTH SHORE DRIVE—VARIANCE City Planner Nye said the applicant is proposing to enlarge an existing deck and patio underneath the deck within a bluff setback. The entirety of the existing deck and patio are within the bluff impact zone and do not meet the required bluff setback of 30 feet from top of bluff. The original deck was constructed with the home in 2013. Several variances were granted through Resolution 6206 in order to construct the home and deck due to the location of the bluff. The proposal is to square off the corner of the deck on the bluff side and add more to the rear of the deck on the street side which is still in the bluff setback. The western property line is shared with the City as it is an unimproved right-of-way. The City has recently made improvements within the right-of-way for ravine stabilization. The property currently has several improvements that were constructed without a permit by a previous homeowner.The improvements include a lakeside deck and large patio.These unpermitted improvements are proposed to be removed by the applicant. The proposed project will bring the total hardcover of the site into compliance from 28.4 percent to 24.5 percent. The proposal will decrease the existing bluff setback of the deck from 10 feet to 8 feet. Due to the sensitive nature of the bluff, staff is not supportive of the proposed deck and patio Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING September 11,2023 6:00 o'clock p.m. expansion. The rules are in place to protect the bluff and prevent bluff failure,she said.While the property is substandard in size and width,there is an existing deck and patio that allow for use and enjoyment of the lot. On Aug. 21 the Planning Commission held a public hearing and no public comments were made. The Commission noted the proposed project will bring the overall hardcover of the lot into compliance and remove several unpermitted improvements within the bluff and lake yard.The Commission thought the expansion was not unreasonable and voted 6 to 0 to approve the requested variances as applied. The applicant is present,she said. Benson asked about the amount of square footage that would be added to the deck. Nye said the issue is part of the house and the deck is in the bluff setback. She said in-kind replacement would be allowed. Allison Houston,4731 North Shore Drive,said one of the problems with the deck is that it is very small for the size of the home and can barely fit a table for four people. She said they were naïve about City regulations and this is the third or fourth plan trying to bring the plan closer to compliance. She said they would hope to use some of the existing pillars and add some new ones. The planning commission thought it would have minimal impact.They would be removing lakeside improvements. The topography is such there is no other place to put a deck and the lot is very steep. The deck sits on the main level of the home off the kitchen. The patio is below. Johnson asked about impact to the bluff to remove the improvements near the lake and the impact of bringing in equipment to do the work. The engineer said the bluff would be stabilized. Benson asked about any issues of bluff failure on this bluff area in the past. Edwards said the City had recently done a ravine stabilization project on the City right-of-way portion. He said the applicant's lot was not on the part of the bluff where there has been problems. Staff is recommending denial because the structure is in the bluff impact zone and they do have a deck to enjoy the property,Nye said. Crosby said the homeowners are doing some good things removing hardcover near the lake and he does see a practical difficulty because of the size of the deck and believes what the applicants are asking to do will not impact the bluff at all. He said he agrees with the Planning Commission. Benson said the situation is tricky and there are hardships,but she is not in favor of seeing the footprint in the bluff enlarged. Crosby moved to approve LA23-000042 4731 North Shore Drive—Variance as presented with the stipulation that the non-permitted structures near the lake be removed. Johnson amended the motion to allow expansion of the deck to the rear but to not disturb the bluff side of the deck. Crosby seconded the amended motion.VOTE: Ayes 3 Nays 1 (Benson). Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING September 11,2023 6:00 o'clock p.m. PRESENTATION 15. PROSECUTING ATTORNEY ANNUAL UPDATE(continued) Prosecuting Attorney Steve Tallon gave his annual update stating he has been the prosecuting attorney for eight years.He said it has been a busy year in terms of zoning issues. There's been a lot of trying to get people into compliance. The goal is to do this in a friendly way but make people understand they can follow the rules or they can come to the Council for a variance. It usually doesn't come to him until the City staff has been unable to get them comply,he said. Typically,after he files a compliant they get compliance,the case settled and they have been able to mostly avoid criminal prosecution. In the police department it is pretty much the same old stuff,he said.The County Attorney's office is doing less prosecution in some areas.A lot of what the County attorney turns down comes to his office.DWIs have been about normal.Domestics seem to be down a little bit.He said the relationship with the police has been good.He has joined another law practice so he will have some back-up. Walsh asked about his plans to retire. Tallon said he is 74 but has no plans to retire and will give his municipal clients a year's notice.He said he is healthy and likes what he does. His background before becoming an attorney was as a police officer. He said he believes in accountability but also in treating people fairly. Walsh pointed out that Tallon does not work for the City Council and is not the City Attorney.He gets cases directly from staff. COMMUNMITY DEVELOPMENT REPORT Community Development Director Oakden gave a report on building permits and revenue. She said the City is above the number of permits issued as of this time last year and so is very busy with permits, reviewing applications and inspections. There will be about eight items for the Planning Commission meeting next week.Late summer is always a busy time,she said,as people try to get applications in to get work done before winter. FINANCE DIRECTOR REPORT Finance Director Olson reported said the Council will be approving the preliminary budget and tax levy at the next City Council meeting. The City's new accountant is being trained. FIRE REPORT Fire Chief Van Eyl reported there would be another Fire Department open house on Sept 27. The department is processing a number of applications for fire fighters and does have six or seven applications from Long Lake Fire that are on hold.Both Fire Departments participated in observance of 9/11 that day. The department also trained school staff on AED use. CITY ATTORNEY REPORT Attorney Mattick reported the City is headed toward mediation with Long Lake regarding the lawsuit,has selected a mediator and has a mediation session scheduled for Sept.26. Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING September 11,2023 6:00 o'clock p.m. CITY ADMINISTRATOR/ENGINEER REPORT 17. APPROVAL OF PROSECUTING ATTORNEY EXTENSION Edwards updated the City Council,noting the approval of the prosecuting attorney's contract extension was on the agenda. His existing extension expired in September and this extension would be through 2024. The police chief has been working with the contracted communities to put together a Joint Powers Agreement in order to have all the cities covered by the Orono PD served by the same prosecuting attorney.He said Farniok saw the end of 2024 to be the next opportunity to do that. Johnson moved,Crosby seconded,to approve the Prosecuting Attorney Contract Extension. VOTE: Ayes 4,Nays 0 On the Engineering side,Edwards said,the Fox street project is nearing completion. Glendale Drive was milled that day.Light poles for the Navarre parking lot are on order. The public works facility under construction is a little ahead of the overall schedule. The roof is all done as well as the majority of the plumbing. Early April completion is still projected. COUNCIL COMMITTEE REPORT 18. FIRE NEGOTIATING COMMITTEE 19. FUTURE FIRE SERVICE MEETING Johnson reported on the fire negotiating committee and the Future Fire Services Meeting. He said some questioned why Orono was at the table,but he said it was pointed out Orono is still part of the community and may serve other communities with fire. Legislators were asked about funding for the services fire departments are providing.On the negotiations side,the team got together and is still collaborating,trying to anticipate negotiations that are ahead and find common ground.He anticipates negotiations will continue after mediation. He said it is important to come up with an exit plan that both cities understand. Benson asked if the assumption is that everything is on the table for the mediation session on Sept. 26. Walsh said they can't talk about it but everything is on the table and they will be going in with an open mind. The City has not ruled out anything,he said. Edwards explained that the City is only allowed to have two Council members at Future Fire Services because of bylaws, and if three or more attend there is a quorum of the Orono Council. Walsh said Veach felt strongly that the two Council members on the negotiation committee. Veach and Johnson, should be the ones to attend the Future Fire Services Meeting as well. Benson said the Fire Services Meeting group formed in 2021 and that that time Orono was not interested in participating,per Mayor Walsh. Johnson attended two times in the past several years and former Councilmember Seals attended. Her concern is that when she was sworn in,Johnson said he did not find Page 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING September 11,2023 6:00 o'clock p.m. the meeting useful and would prefer that the City Administrator and Fire Chief not attend.Benson said she took a great interest in that committee from the time she was sworn in in January and attended meetings until the most recent one when she was advised not to attend because of the quorum issue. She said that meeting about the future of fire services,not negotiating with Long Lake,and she has been very public about her interest. She said she is the only person on the Council who is not on any commission or committee regarding fire. She asked to be considered as one of the Council members who would attend future Fire Services. Crosby said it is an expertise thing and Johnson and Veach are in the negotiation position and should be attending this meeting. Johnson has been involved for a long time and Veach is on the Fire Advisory Board,he said, adding that it just makes sense. Benson said Crosby has said before she should not be attending fire meetings because she is not experienced in fire and she sees this as a bit of a chicken and egg thing. Crosby said Benson is on more committees than he is. Johnson suggested that Benson be named as an alternate to Future Fire Services in case he or Veach could not attend,which could lead to a more permanent role. Crosby said it is concerning to him that the one Council member who votes no on anything relating to fire wants to be on a fire committee. Benson said this committee is more focused on legislation,funding, and cooperation between communities and growing relationships with surrounding cities. Walsh moved, Crosby seconded,that the representatives to the Future Fire Services Committee be Johnson and Veach with Benson as an alternate.VOTE: Ayes 3 Nays 1 (Benson). PUBLIC COMMENTS Gabriel Jabbbour, 985 Tonakawa Road, said he is very concerned that nothing has changed in the City especially regarding finances.None of the state aid for public safety went to police,he said.It's all being spent on a future fire department. He said the Council ran on total transparency but is now buying trucks with an interest rate of five or six percent when the City could pass bonds with an interest rate of 3 percent. He was also concerned when the City lent the school district$1 million at 1 percent.He said the City has four school districts within it and the Orono district has five cities in it, so Orono is taking the burden off the other cities' residents when it does that.He asked if everything is really on the table and if Orono strikes a deal with Long Lake,what do they tell the people who have been promised jobs?He said he supports Crosby's right to say anything he wants to say civilly,but he shouldn't say it as a Council member. He said he does take exception to Crosby's comments about the Nazis. Brad Erickson,Corcoran,told Crosby he really stepped in it last week. He pointed out the Council had a blue line flag displayed at the front. The blue line flag is not an official flag and should not be flying there Page 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING September 11,2023 6:00 o'clock p.m. in front of the US flag,he said.He called it disrespectful on 9/11. He said he takes discomfort in Mr. Crosby calling him out as a Nazi.Nazis don't look like this,he said, and Nazis don't act like this. They act like the people who were out at the capitol on January 6 and were out at the Governor's mansion. The problem is,the City is being sued for being assholes,he said, and then Crosby calls him a Nazi. He said he was talking about his grandparents and about his father who is still alive.He suggested Crosby try telling him his son is a Nazi.He said he was glad Crosby's true colors are trying to come through, adding that everyone who doesn't agree with him is a socialist or a clown or a Nazi from the dais here in Orono. MAYOR/COUNCIL REPORT Crosby said he never said Erickson was a Nazi;he said don't act like one.He thanked everyone for being there that evening as it is extremely important to never forget those who lose their lives on 9/11 and their sacrifices,he said.He thanked members of the Council for vigorous respectful discussions. Benson said this past weekend she attended the Loretto Fun Fest. They were celebrating the 75-year history of the Loretto Fire Department which is the year they merged with Hamel Fire to form the West Suburban Fire District which was about two historic departments coming together. She wanted to address the comments made about her at the Aug.28 Council meeting.A fellow Council member characterized as irresponsible her vote against spending$2.8 million for vehicles and equipment for the Fire Department, she said. This is a public safety matter.Each member of the Council is entitled to their vote.Commenting on the vote of a fellow Council member is not in keeping with the rules of decorum,Benson said.. She said the other Council member said her vote was for no reason other than her past vote on a decision made by the Orono Council. That decision is impacting the City in real time, she said,adding the Council can change direction at any time and not every decision is written in stone. She voted to deny because there has not been a third-party independent evaluation done and data brought to the Council to demonstrate that creation of a Fire Department will improve fire service;the public has not had sufficient opportunity to be heard,and the public continues to express concerns about the fire service that will be provided next year. The cost of the Orono Fire Department has far exceeded what this City has historically paid for services provided by Long Lake Fire Department,she said,and the City will pay 100 percent of the costs. The direction that nearly every city around Orono is taking, is to share expenses like costly trucks and the cost of paid-on-call fire service and they are looking at delivery of service as collaborators, she said. This decision takes Orono further in a direction not supported by independent data and not supported by the public. Johnson said he would not comment on most of that but said the cost of fire would go up even if Orono stayed in a contract with Long Lake. It is misleading,he said,to think Orono wouldn't have a major capital expenditure with respect to fire cost. He contended if the City of Orono had been managing those resources the community would have a different level of service. In a long-term contract that isn't a good contract, he said the first step is to get out of the contract. Long Lake could save money by choosing to be Orono's partner.He said is irresponsible to vote against expenses that need to be made in order to provide fire services. Some want a third party to study the matter,he said,but Orono has an experienced Chief and City Administrator to do that. It is a lot of money,but money the City had to spend,he said.The City is open to any ideas and not throwing anything off the table,he said,adding that he is optimistic and that better collaboration with Long Lake is needed as the cities are transitioning.He noted that the new Long Lake Fire Chief has been invited on several occasions to come to Orono City Council meetings and answer questions.He said if you are paying 85 percent of the bill the leader of that service provider should make himself available. Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING September 11,2023 6:00 o'clock p.m. Walsh said the West Suburban Fire District was necessary for those cities because they are so small and their merged fire department won't even be as big as Orono's.He said people should know that no one will look out for City residents more than the City Council. He said Long Lake has made changes they initially rejected because that is what Orono is now doing. Orono had its first home football game and won big.Kids are back to school.Fall is coming. The Fair is over now and temperatures are starting to drop. Trees are getting a tinge of yellow and orange. He said he had a great meeting with residents at Hackberry Park and having that whole block for that park will be amazing. It will take time and money, he said,but they will do it right.He ended with a quote from Rudy Giuliani regarding Sept.11. ADJOURNMENT Walsh moved, Crosby seconded to adjourn the meeting at 7:36 p.m. VOTE: Ayes 4,Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh,Mayor Page 8 of 8