11-08-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 4 CONSENT AGENDA – Continued Minnehaha Creek Watershed District, and the Orono Public School District. This lawsuit solely concerns the bike trail approval for Bederwood Park and alleges that allowing the mountain bike team to utilize the park is a violation of the Minnesota Environmental Rights Act. In motion papers before the court, the DNR confirmed that no DNR permit is required for the proposed bike trail, that the DNR has no responsibility for environmental review of the bike trail, and that there are no public waters within Bederwood Park. Mrs. Schmidt subsequently dismissed the DNR from the lawsuit. The Bederwood Park woods do not contain wetlands that would trigger permitting actions. The Minnehaha Creek Watershed District has confirmed this fact with City Staff on multiple occasions. It is no surprise that Mrs. Schmidt dismissed the Watershed District. Mrs. Schmidt has never actually served the school district with the lawsuit therefore the only entity remaining in the lawsuit is the City of Orono. In a recent order, the judge denied a temporary injunction sought against the City. The court found the Plaintiff has not shown irreparable harm will occur without the temporary injunction. More importantly, the court concluded at this stage it is unlikely that the Plaintiff will succeed on the merits. Finally the court acknowledged public policy favors that all residents enjoy a public park for recreational purposes including hiking and biking, and a number of them should not be enjoined from doing so because of a neighbor’s complaint. Orono has the authority to maintain its public parks and pass ordinances requiring citizen’s use of the parks. PUBLIC COMMENTS Barbara Schmidt, 50 Landmark Drive, would like to thank Adam Edwards, the City of Orono Administrator, and the City Council for correcting the spelling of her name from Schwartz to Schmidt on the official September 27, 2021 Council Minutes and the Consent Agenda dated October 11, 2021. Secondly, she would like to point out that the August 9, 2021 meeting Minutes there is an error regarding the address listed for Mr. Erickson’s purchase of the property at 365 Westlake Street. It is listed as 365 Westlake Road. She is asking that it be corrected in all City of Orono documentation. Thirdly, she would like to reiterate that she has officially asked the City of Orono and/or the City of Orono Park Commission to stop the dangerous mountain biking within Bederwood Park three times: on September 7, 2021, September 13, 2021, and October 11, 2021. Up to 40 mountain bikers have taken over Bederwood Park on three more occasions including September 21, 2021, October 5, 2021, and October 14, 2021. Over 60 residents have signed a petition to have this activity stopped and 25 have written the City Council personal letters asking to stop this in Orono Parks. She stated they are asking again tonight that all biking is stopped within Orono Parks and that there is an official notification against such activity posted on both the Lowry Woods Nature Area and Bederwood Park. Finally, they see that the City is seeking $16 million in additional debt, this is more than twice the amount of Orono debt. They are asking for a full delineation of the expenditure and the rationale for acquiring it. They would also like to see all the vendors, subcontractors, lenders, and partners, etcetera, be identified that are and will be participating in this project. PRESENTATION 8. THIRD QUARTER FINANCIAL REPORT Finance Director Olson gave a report, noting it is not adjusted. Revenues are at 70% for the year and compare favorably to previous years. The City has collected 53% of the tax levy which is a bit above the previous year; they will probably be around 100% collection for property taxes which is a unique feature