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Home My WebLink About10-25-2021 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 25,2021 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,Richard Crosby III,and Victoria Seals. Council Member Aaron Printup was absent. Representing Staff were City Attorney Soren Mattick,City Administrator/Engineer Adam Edwards,Finance Director Ron Olson,and Community Development Director Jeremy Barnhart. APPROVAL OF AGENDA CONSENT AGENDA Crosby asked to add items 11 and 12 to the Consent Agenda. 1. CITY COUNCIL MEETING MINUTES OF OCTOBER 11,2021 2. COUNCIL WORK SESSION MINUTES OF OCTOBER 11,2021 3. APPROVAL TO AMEND CITY COUNCIL MINUTES OF SEPTEMBER 27,2021 4. CLAIMS/BILLS 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT LEVY—RESOLUTION NO. 7230 6. TONKAWA PHASE II FORCEMAIN REPLACEMENT—CLOSE OUT 7. APPROVAL OF LIGHTING FOR CASCO PARK ICE RINK 11. APPROVAL TO SOLICIT FOR PARKS FULL-TIME MAINTENANCE WORKER 12. APPROVE PUBLIC EMPLOYEES INSURANCE PLAN(PEEP) Johnson noted the Carman Bay Lake Improvement District(LID)is a great example of taking care of the weeds and working with the Lake Minnetonka Association(LMA).They also received a$5,000 grant from the DNR to treat the bay and it is way better than it has ever been.Johnson said as a realtor it is positively impacting the home values on Carman Bay. Crosby moved,Johnson seconded,to approve the Consent Agenda as submitted.VOTE: Ayes 4, Nays 0. Mayor Walsh read a City statement regarding the lawsuit over youth activities in Bederwood Park: The City Council believes strongly that our City Parks should be available for our entire community but especially children for enjoyment, exercise, and a variety of recreational facilities. In June 2021 the City Council adopted Resolution#7195 which allowed the Orono Mountain Bike Team, a youth club, to use a section of Bederwood Park for skills training. The City authorized the Team to make minor improvements to the area to facilitate mountain bike training subject to approval of the Orono Parks Superintendent. Minor improvements included removal of debris and clearing of dirt tracks to supplement the pre-existing dirt tracks running through that portion of the park. Shortly thereafter Barbara Schmidt filed a lawsuit naming as Defendants the City of Orono, the Minnesota Department of Natural Resources, the Page 1 of 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 25,2021 6:00 o'clock p.m. 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 Page 2 of 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 25,2021 6:00 o'clock p.m. PRESENTATION—Continued of Orono: citizens pay their taxes. He highlighted the Golf Course which is already at 190%of revenue. Building permit revenues are at about 24%of where they were the previous year;this revenue source fluctuates because it is hard to predict building activity. Mr. Olson noted expenditures are at 76%,noting engineering is over budget due to the Big Island survey for dock locations,and another survey of Summit Park. The Golf Course is over budget in expenditures,but Mr.Olson reminded the City Council that their revenues are about$70,000 over expenditure. PUBLIC HEARING 9. LA21-000068—CITY OF ORONO,365 OLD CRYSTAL BAY ROAD NORTH—SIDE YARD AND BUILDING HEIGHT VARIANCES Community Development Director Jeremy Barnhart gave a presentation,noting the two variances requested are for sideyard setback and defined height. Staff finds practical difficulty in terms of the slope of the site,the use of the site, and what is neighboring the property(railroad right-of-way and Highway 12 right-of-way). Staff recommends approval. Mayor Walsh opened the public hearing at 7:26 p.m. Mayor Walsh closed the public hearing at 7:26 p.m. Johnson moved,Crosby seconded,to approve LA21-000068,365 Crystal Bay Road Variances. VOTE: Ayes 4,Nays 0. 10. CERTIFICATION OF DELINQUENT UTILITIES—RESOLUTION NO.7231 Mr. Olson stated every year at this time unpaid utilities such as water,sewer,water recycling,are certified to the County Assessor for the inclusion on the 2022 property taxes.Letters were sent to all properties and a fairly large number of people have paid.He noted they are doing better than the previous year with $102,771 and 132 properties. Mayor Walsh opened the public hearing at 7:28 p.m. Mayor Walsh closed the public hearing at 7:28 p.m. Seals moved,Johnson seconded,to approve Resolution#7231 Certification of Delinquent Utilities. VOTE: Ayes 4,Nays 0. PARKS AND GOLF COURSE REPORT 11.APPROVAL TO SOLICIT FOR PARKS FULL-TIME MAINTENANCE WORKER This item was added to the Consent Agenda. FINANCE DIRECTOR REPORT 12.APPROVE PUBLIC EMPLOYEES INSURANCE PLAN(PEIP) This item was added to the Consent Agenda. Page 3 of 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 25,2021 6:00 o'clock p.m. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Mr.Edwards had nothing to report. MAYOR/COUNCIL REPORT Crosby noted there has been some upheaval about the parks and usage;as someone who was once very young and utilized parks,he thinks it is a good thing.He is excited that their children have better parks to use,the parks are being improved, and kids get to enjoy them. Seals stopped by the park when the bike club was there,noting they were lovely,courteous,and introduced themselves. She noted Bederwood and Lowry are two different issues so they should not mix them together. Bederwood was a berry farm and the sounds of kids doing any sport at the park is amazing. Seals stated it is great that the park is being used and the more it is used by everyone in all different ways the less likely it is that a future City Council will turn it into a mass development. She welcomes anyone watching to walk with any of the City Council down to Bederwood Park. She literally lives right next to it and she noted the neighborhood is not all mad;neighbors are glad to hear kids down there using it and having a good time. Mayor Walsh echoes all of those comments.He reminded everyone to vote at the polls,and to be safe on Halloween. ADJOURNMENT Crosby moved,Seals seconded,to adjourn the meeting at 6:36 p.m.VOTE: Ayes 4,Nays 0. ATTEST: . / i IP Anna Carlson,City Clerk Dennis Walsh,Mayor Page 4 of 4