HomeMy WebLinkAbout11-28-2022 City Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
17. LA22-000061—WILLIAM&KATHLEEN WANNER- 1095 FERNDALE ROAD WEST—
2ND EXTENSION OF RESOLUTION NO.7150—RESOLUTION NO.7314
18. HENNEPIN COUNTY FIBER CONNECTION
Crosby moved,Seals seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5,Nays
0.
Mayor Walsh complimented the Staff, City Attorney,and Union Employees for getting the Union
Contracts finalized.He thanked everyone for their work in finding common ground for the next three
years. He also thanked everyone who donated towards the fireworks displays and holiday lighting
including Orono Dental Care,Lunds and Byerlys,North Mallow, Orono Lion's,Holiday Circle K,
Culvers, Orono Parks Legacy Fund, Paul Kovista,Kottemann Orthodontics, Otten Brothers,Pfeffer's
Meats, Westonka Animal Hospital, Orono School District,Bob and Lisa Erickson,Denny and Amanda
Walsh,and Ben and Heather Goodwin. The holiday event starts at 5:00 p.m. at the Orono Golf Course on
Saturday,December 3,2022.
FINANCE DIRECTOR REPORT
Finance Director Olson noted it is a busy time for the Finance Department in preparation for adopting the
final budget and tax levy.
COMMUNITY DEVELOPMENT REPORT
19. 2815 CASCO POINT ROAD,VALDES O/B/O LISA THOSTENSEN,EMERGENCY
SLOPE REPAIR—RESOLUTION NO. 7315
Josh Prust, on behalf of Joe Valdes,Applicant,was present.
Staff presented a summary packet of information. City Planner Curtis stated in July the property's walls,
deck,and stairs to the lake were destroyed by fire. The owner submitted a building permit application to
repair the walls in-kind; during installation of the walls, Staff noted the construction had extended beyond
the in-kind footprint and work was stopped.The contractor was directed to stop and stabilize the area.
The owner is requesting additional permission to install an additional wall at the top of the slope. The
Applicant's engineer has determined this to be necessary to protect the integrity of the slope over winter.
The Applicant will submit an after-the-fact variance application to address the wall footprint expansions
in the lakeyard setback. Until that time,the engineer has provided documentation showing the slope
failure is imminent and needs an emergency correction. Curtis noted the City's Engineer reviewed the
documentation and recommends the City Council authorize the emergency repair to stabilize the slope.
Staff recommends approval of the Resolution to allow the contractor to proceed with the emergency slope
failure repair as designed.
Mayor Walsh received a call from a neighbor and he was shocked when he went to the property at the
amount of digging that took place on the hill. He noted they dug out the entire hillside on both sides and
he is trying to understand how that happened.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
Josh Prust, Valdes Lawn Care and Snow Removal, is present on behalf of Joe Valdes who constructed the
walls and removed the soil.Mr.Prust is new to the project as of a couple weeks ago when Mr.Valdes
asked him to figure out how the project got to that point. Mr. Prust's understanding is that as permitted
work to the walls was being done,Mr. Valdes realized the ends of the walls were not long enough to
retain the hillside.Mr.Valdes was afraid if the walls were left in that state,the bluff would erode and
eventually end up in the lake.Mr.Prust noted Mr. Valdes made some choices and understands his fault in
expanding the walls beyond what was permitted; he was trying to do what was best in his mind to keep
the hillside in place.
Mayor Walsh stated they brought in a massive digging machine and dug out way beyond what would be
necessary. He noted the decision now is whether to give forgiveness which is not a good precedent, or to
figure out how to put the hill back together.
Johnson noted it makes sense to stabilize it for the winter,but he also has some legal questions. The idea
behind emergency slope repair is that one does not create the emergency.
Paul Schimnowski, Criterium-Schimnowski Engineers, 161 Dunbar Way,Mahtomedi,was asked to
provide a design for the replacement walls. He noted the City's concerns are valid in how much they saw
being moved. When the original walls were built,that kind of dirt would have been moved at that time, as
well due to the tiebacks needing to be dug out and reinstalled.He understands that the request right now is
the emergency work and there is no guarantee that an after-the-fact variance may be approved.He wants
to be sure what is there is stable and will get them to spring without any more erosion or slope failure.
Mayor Walsh wants to be clear if this is approved,a stop-work order is on everything else on the slope.
Mr.Prust agreed.
Mayor Walsh noted there are legal issues needed down the road to solve this. It is a complicated problem
that was not created by the City but by the Applicant.
Johnson asked if the engineer's investigation includes the neighbor's properties and whether their slopes
could now be impacted by the work.
Mr. Schimnowski replied immediately following the emergency work a full topographic survey will be
performed beyond the property line to the adjacent properties to make sure any impacts on adjacent
properties are mitigated.
Johnson clarified the emergency repair includes neighboring properties as it relates to the work done on
the Applicant property.
Mr. Schimnowski replied in the affirmative. They will be shoring up their land.
Johnson wants it on the record that they are also responsible for assessing impacted areas because the
project grew.He clarified the neighbors have done nothing wrong.
Charles Price,2813 Casco Point Road,noted it seems that they do need the emergency slope repair to
keep the slope from failing over winter.He clarified that this does not approve the Applicant to leave it
as-built.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
Mayor Walsh replied in the affirmative.It would be approved with that they cannot do any other work
besides the temporary fix and will need to apply for a variance for the additional work that has been done.
Seals asked if the Prices have noticed any issues on their property.
Mr. Price replied it is tough because they were on the bluff trying to put the fire out but it was too
massive. They were trying to keep their oak trees alive,which hold up the bluff. When he had a survey
done,the top of the bluff is 42 feet elevation higher than the lake. In looking at the work that has been
done,Mr.Price noted a massive amount of dirt has gone away,much more than has gone back in. He
thinks it is probably 25-30 feet further away from the lake than it was before.
Carol Price noted it is worrisome that the bluff has been pushed back and their property is vulnerable
now. They are worried,and while they think the work done has been good construction,Ms.Price does
not think they did it in the correct way to preserve what was there.It was definitely not like kind.
Johnson moved,Crosby seconded,to approve Resolution 7315,2815 Casco Point Road,Emergency
Slope Repair with conditions that no additional work be done and the Applicant must come back to
apply for appropriate variances.VOTE: Ayes 5,Nays 0.
CITY ATTORNEY REPORT
There was nothing to report.
CITY ADMINISTRATOR/ENGINEER REPORT
Edwards updated the City Council,noting with the freeze/thaw cycle the City had two water main breaks
in the system near Casco Point and at the High School.Both should be fixed this evening.
PUBLIC COMMENTS
Brad Erickson, 2485 Independence Road,stated these are the events tying Mayor Walsh and Mr. Crosby
to right-wing extremism, seditious conspiracy,conspirators,the Proud Boys, and ultimately the Capitol
riots. On November 10, 2019,Mayor Walsh sent Mr.Erickson the first vulgar campaign video on
Facebook talking about Dems having"one hand in your pocket and the other in your ass."It also said
Dems are"f-ing crazy."On July 14,Mayor Walsh sent a second video on Facebook comparing the
extermination of six million Jews to mask mandates and then threatening it can happen here in America.
On November 21,2020 Mr. Crosby, on video and in tactical gear, attended a protest outside Governor
Walz's mansion which was also attended by the Minnesota Proud Boys. On November 28,Mr. Crosby,
on video and in tactical gear, attended another protest outside the Governor's mansion,also attended by
the Proud Boys and features Clay Nielson which is likely where they met for the first time. On December
5,2020 Mr. Crosby, on video and in tactical gear, attended a protest outside the Governor's mansion
where violence erupts, arrests are made,Mr. Crosby is interviewed spewing election conspiracy theory.
On December 14,2020 Mr. Crosby turns to crowdfunding for member Clay Nielson who was injured in
Washington D.C.while assaulting a black man. On January 6,2021 Mr. Crosby and a traveling
companion went to Washington D.C.to take part in the protests on the Capitol steps and were said to
have been bragging about it at the Long Lake Fire Station upon their return.On January 11,2022 Mr.
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