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HomeMy WebLinkAbout05-23-2022 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2022 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 Aaron Printup,Richard Crosby III,and Victoria Seals. Council Member Matt Johnson was absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. Following the Pledge Mayor Walsh asked for a moment of silence for the family of Eli Hart and the first responders that dealt with the tragedy over the weekend. He stated their hearts and condolences go out to the family. After the moment of silence Mayor Walsh also noted it is Council Member Crosby's 55th birthday today. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF MAY 9,2022 2. COUNCIL WORK SESSION MINUTES OF MAY 9,2022 3. CLAIMS/BILLS 4. APPROVAL OF ONE-DAY GAMBLING LICENSE—RESOLUTION NO.7266 5. APPROVAL OF RENTAL LICENSE 6. APPROVAL OF GARBAGE HAULER LICENSES 7. APPROVAL TO HIRE FULL-TIME POLICE OFFICER 8. APPROVAL TO DISPOSE OF UNCLAIMED PROPERTY 9. APPOINTMENT OF SEASONAL EMPLOYEES 10. APPROVAL OF NAME CHANGE FOR THE ORONO PUBLIC GOLF COURSE 11. RESPONSE TO LONG LAKE CITY COUNCIL LETTER ON THE LONG LAKE FIRE DEPARTMENT This item was moved to the City Administrator/Engineer Report. 12. PUBLIC WORKS FACILITY UTILITY EXTENSION—FINAL PAY REQUEST— PROJECT CLOSEOUT 13. LA22-000003—LONG BRIDGE FINAL PLAT—RESOLUTION NO. 7263 14. LA21-000051—ROBERT LINDEN CONSTRUCTION, 1074 LOMA LINDA AVE., VARIANCES—RESOLUTION NO.7221 Page 1 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2022 6:00 o'clock p.m. Crosby moved,Johnson seconded,to approve the Consent Agenda and to move Item 11 to the City Administrator/Engineer Report.VOTE: Ayes 4,Nays 0. ZONING REPORT 15. LA22-000015-MATT ALEXANDER OB/O LAKEWEST DEVELOPMENT,3245 WAYZATA BLVD-EISINGER FLATS SKETCH PRESENTATION Matt Alexander,Applicant,was present. Curtis gave a presentation on the item noting the Applicant is requesting non-binding feedback on the proposed subdivision master plan. The property has been subject to several sketch plans in the past and the five dry buildable acres on the north portion of the property are guided for low density residential and the 10 dry buildable acres on the southern portion are guided for high density residential.The current plan includes 180 stacked townhome units arranged in 16-18 buildings throughout the property. Because there is no separation between the guided densities a Comprehensive Plan amendment will be required. Additional approvals will be required including a zone change from RR1B to RPUD, a setback variance from Lake Classen,and preliminary and final plat approvals.The Planning Commission Staff Report provides additional analysis on the project. To date there have been no public comments for or against the project. Matt Alexander,North Shore Development Partners, 235 East Lake Street, Wayzata, noted they have been trying to accommodate the density the Met Council has put on the site for both parcels. He spoke about unit calculations on the north and south parcels,and Met Council has said it is at the City's discretion to act as a PUD as long as the minimum threshold combined is being covered. The Planning Commission had some very pleasant comments about the plan,they liked the common space and public amenities including a pool and community center. One Planning Commissioner asked if it was possible to put the detached garage underneath the two-story buildings. Mr.Alexander stated they studied the matter and financially it is not a possibility on the project. He showed sample elevations on screen and the Applicants know there is some environmental cleanup that needs to be done from previous owners of the site. Mr. Alexander has met with the County and traffic engineers who have approved the design on Wayzata Boulevard and have been working actively with City Staff to bring this forward. Mayor Walsh noted they are not all detached garages. Mr.Alexander replied that is correct. Each unit is approximately 16 units per building and 8 stalls for those units will be traditional tuck-under garage doors.A detached building will also include the other 8 detached garage stalls. He noted these are all rental units. Mayor Walsh stated the Applicant is taking the higher density and lower density,merging them and making it look like one contiguous project. To Mayor Walsh, it looks nice the way it is laid out. He asked if the City would need a Comprehensive Plan amendment on the project. Curtis thinks they are still waiting for an answer from Met Council. Mayor Walsh said either way it would not be a big deal as the City has had to go in and adjust density a few times before. Crosby asked what rental costs would be. Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2022 6:00 o'clock p.m. Mr. Alexander noted the average rent would be approximately$1,800-2,000 per month. Seals thinks this is the most favorable of the plans they have seen. Out of transparency she stated she would prefer not to do any developments there but knows they have to work with the Met Council and the Applicant has done the best they can on this plan. Printup asked if they decided to keep trails off Old Highway 12. Edwards replied there was a proposed plan to have the Independence Trail or Wayzata Boulevard Trail extend beyond and go further to the West.About a year ago the City said they were not interested in that extension on the north side of the road. Mayor Walsh noted the easements are in place for the future if they want to extend the trail on the south end. Crosby noted concern about the detached garages as he is not crazy about the look.As much tuck under as they can get would be his preference. Mr.Alexander noted the garages will be architecturally mirroring the units themselves. Crosby likes the green space on the project. Seals noted anything architecturally they can do to make each unit look not"all the same," as the second picture down on the left shows,would be her recommendation. Crosby asked about fire stops between units. Mr. Alexander believes the Code says it is required for party walls to be fire rated and they will follow the Code to the letter. They will also include sprinkler systems. PUBLIC COMMENTS Gabriel Jabbour, 985 Tonkawa Road,noted he spoke at the Park Commission and feels he should speak to the City Council, as well. He is dumbfounded that the public comments are three minutes, and is dumbfounded that public comments are down on the agenda. When the Council Members took office he thought he would support them his own way, let them do their own thing and put his differences aside for the good of the community. He is here to tell them he cannot do it anymore. He is talking about the process of item 11 tonight and stated Orono's sister city, Long Lake, sent a letter with their heart pain about the Fire Department on the 17"'. There is a response letter on the agenda on the Consent Agenda and Mr. Jabbour loves how much work they put into stuff like that. He asked when the Council Members had the chance to digest the letter and write a response,noting there was no chance for a quorum. Plus, the City Council's response is on the Consent Agenda, like the citizens do not need to know, and the letter was not part of the online packet. Mr.Jabbour said that is very much like"Putin-style government."He can assure the City Council that their methodology is not a good thing for the City,they are not engaging people, and they are spending money like drunken sailors. He pointed to one Council Member and said Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2022 6:00 o'clock p.m. "particularly you"who is Mr. Conservative and Mr. Jabbour cannot believe they passed an$18,000,000 bond in a twenty minute hearing. Mr.Jabbour helped build this building and complex for$4,000,000 and was almost hanged by the citizens. The old City Hall did not even have bathrooms in it. Mr. Jabbour said the City will spend the money on Public Works, and out there trying to get contracts,the City of Spring Park is spending under$200,000, and Orono is building a$13,000,000 building for them that came $6,000,000-7,000,000 overbudget. On top of all of that,they do not have one extra street in the City. Mayor Walsh thanked Mr.Jabbour and noted he will be able to talk about item 11 further in just a few minutes. Mr. Jabbour stated Mr. Mayor,you are shutting me up at three minutes? Mayor Walsh replied in the affirmative,noting that is the rule. Mr.Jabbour noted in the newsletter it said to contact the Mayor at any time. Mayor Walsh replied that is correct and welcomed Mr.Jabbour to call him. Jay Nygard, 1385 Rest Point Road, is here about something that happened a few years ago and it seems that most of the Council Members were a part of it. He said in 2014 Mayor Walsh was elected to the City Council and in 2016 Walsh formed a company called Go Green Energy LLC, Corporation.Mr.Nygard stated his business is Go Green Energy LLC. From what Mr.Nygard understands Mayor Walsh was running around giddy that he was stealing Mr.Nygard's business and all of the Council were just sitting up there doing what?He asked how would they feel if someone did that to them...if someone elected to the Council decided to form a business to mirror their business,then was giddy about it and used City and State funds to sue them to run that business out of business?This is what Mr.Nygard experienced and the entire Council was all part of it because they were there,they were with him, and they know how he acted. Mr.Nygard knows it now, also, and has a witness ready to step forward.Not only did that happen but after he moved to Mayor in 2017,Walsh devised a quid-pro-quo with a neighbor to sue the City,to sue Mr.Nygard which is unconscionable. He noted that is not how property zoning complaints work. Rather, if the City has an issue they use their own funds to do it. The League of Minnesota Trust is for when they are sued, but Mayor Walsh figured that and shortly after the City Council appointed Mr. Nygard's neighbor to some new zoning council.Unfortunately for Mr."I'm going to shake my head like who I am up there and smirk and smile."Mr.Nygard now has someone who is going to tell the truth that Walsh abused his position as Mayor to remove one of Mr.Nygard's products, interfere with one of his contracts, and get rid of a turbine at another business. Simply because it interfered with Mr. Walsh's litigation with Mr.Nygard and interfered with his chance to take Mr.Nygard's business over. It happened and they all know it. Who here works and establishes a business for years to have one of their officials dance around with glee that they are going to steal someone's business?He noted that is what is going on here and it is called bribery. Mr.Nygard said that is what Mayor Walsh is involved in, it is a criminal act, and the Statue of Limitations has not expired because the court cases recently closed. Mr.Nygard noted the Council is all exposed to this and his question to the Council Members is are they all going to do the right thing, come forward, and talk about what happened in real light or will they simply become an Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2022 6:00 o'clock p.m. accessory to the crimes of this man against a long-time resident, against a disabled veteran,and against someone who owns a business in this community? Mayor Walsh noted the three minute public comment time is up. Mr.Nygard said Mayor Walsh has let people go longer at a previous meeting and is the Mayor going to stop him? Mayor Walsh asked Mr.Nygard to have a seat and asked for the podium microphone to be shut down until Mr.Nygard sits down.He asked if anyone else would like to speak during public comment time. FINANCE DIRECTOR REPORT Finance Director Olson had nothing to report. COMMUNITY DEVELOPMENT REPORT Ms. Curtis had nothing to report. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT 11. RESPONSE TO LONG LAKE CITY COUNCIL LETTER ON THE LONG LAKE FIRE DEPARTMENT Mayor Walsh noted there is a letter response that was formed by himself and Edwards over the weekend. The majority of those answers the City has already given to the City of Long Lake many times over the years.The letter spells out how long they have been discussing this and all of the information Long Lake already has about the appraisal,the pricing of the equipment, and engines that was agreed to one year ago. The only thing Orono cannot get from Long Lake is an answer on what they want to do.Mayor Walsh does not think there was anything in the questions that Long Lake did not have answers for so it was easy for Mayor Walsh and Edwards to sit down and craft a letter with the answers they have already given and note nothing had really changed. Seals has seen the answers to these questions in multiple formats and asked Edwards if she missed something regarding an appraisal as that was one of the items. Edwards replied Orono did the original appraisal and the idea was that both cities would get an appraisal on the building,they would compare, and if the cities could not come to an agreement from those two appraisals they would seek a third tie-breaker. He noted Orono has presented the appraisal to Long Lake but Orono has not received one in return. Seals spoke about the pension and noted the Long Lake letter is a public letter and was also sent to the firemen. She stated the firemen she spoke with were actually very upset regarding about Long Lake's response in basically trying to sell an asset they do not have. Seals wonders how they can be that far off in thinking they can sell that. Page 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2022 6:00 o'clock p.m. Mayor Walsh noted the pension is owned by the Relief Association which is voted on and up to the Relief Association. Seals thinks it seems like a pretty big statement to put out there. Mr. Jabbour asked to speak and asked if two of the Council Members remember talking to him in the back of the room he told them the issue was going to come up and the response was that it was not Mr. Jabbour's problem. He is the one who helped on that station and changed the contract,went to MnDOT and represented Long Lake after they failed miserably,and changed the offer from$365,000 to $7,200,000.It is unfair for the City Council particularly to say they are selling an asset they do not have. Seals replied she was talking about the pension. Mr. Jabbour begged their pardon and noted he made a mistake. Seals always understood the pension to be the Fire Relief Association, noting the City is on the hook if anything goes sideways but it has always been a very well-funded asset. Mayor Walsh noted the question was"What is Orono's proposed purchase price for the Long Lake Fire Department Pension Plan?" Mr.Jabbour noted when they sat down to write the constitution for the two cities they worked very hard against having words. This City Council are voted in at large and he does not see the need of any Council Member because the Mayor calls the shots and they are just like a whole bunch of buffalo jumping off a cliff. Seals replied that is not true. Mr. Jabbour has proven it to them over and over again.He stated right now they are exactly where they were in 1991, in litigation with them, and Mr.Jabbour asked the Mayors of Orono and Long Lake to please have breakfast together. He said they both told him to go you-know-where.The Mayor of Long Lake was born in Orono and Mr.Jabbour asked them to work it out face-to-face. Mayor Walsh replied they have met face-to-face many,many times and this conversation has been at the City Council where they have talked about the fact that Orono is paying 90%of the bill. He clarified the contract Mr.Jabbour put in place that the current City Council has no control over, is ending. The City of Long Lake was told three years ago that it is ending and Orono is bringing it in-house. He noted they just brought in a maintenance person for the trucks because they were spending so much money at the car repair shop,and they can do it all in-house with more efficiency and is available when the City needs it without having to wait.This is not unlike what is going on with the Fire Department. Mr. Jabbour stated his daughter had a lot of anguish when Orono and Long Lake were having fights and he received a lot of flak at church,as well. He noted it is a social issue,the kids go to the same school, and he is not asking the Council to abandon their plan.He is asking them to change the approach and be decent about it. Page 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2022 6:00 o'clock p.m. Mayor Walsh thinks they have met very decently,they have met many times to talk about it,and he does not think Long Lake wants to give up a fire department that they cannot afford to have. He noted they get along with the City of Long Lake but they do not agree on the situation. Crosby noted Mr. Jabbour was involved with setting up the two stations, one of which is in the City of Orono. The fact is Orono is paying more than 85% of the bill and this is a financial consideration. They are not looking for this to be something hostile; rather it is a matter of dollars and cents.Nobody in the world would expect to pay 85-90% of a bill and have no say. Crosby stated that is the position Orono is in right now,the contract is ending, and it is not going to be that way anymore. Mr.Nygard tried looking for the letter online today and the letter from Long Lake was up but the City's responses were not up. He agrees sometimes erasing history is more expensive than what they are talking about and thinks it is kind of silly that this Council which is spending a lot more fees than ever before, is all of a sudden worried about money when it comes to history in this community. Mayor Walsh asked what fees they are raising. Mr.Nygard replied two things, first they have changed the payment schedule from quarterly payments for fees to monthly payments to disguise how much they are going up. In his opinion they did it to hide the ever-escalating fees in the City.Now he has to write 12 checks a year instead of 4 checks a year and they are making it more difficult on the constituents. He knows fees have been going up because he has been paying them. Crosby took offense at saying they are erasing history because he was part of that history and they put their lives on the line for that community. There is no history that is going to be erased here. Mr.Nygard replied the City tried giving away Summit Beach. Mayor Walsh stated that is completely untrue. Mr.Nygard's position is that it is bigger than the fire department.A fire lane was given to a Planning Commission Chair for a nominal donation,they are allowing people to bike in Bederwood Park without going through the proper process, and the City tried to give Summit Beach to the rowing club and put a monstrous building there.Those are all facts. Mayor Walsh asked if Mr.Nygard has anything to say about the fire department right now. Mr.Nygard stated the City shouldn't be doing this, it is bad for the community, and Mr.Jabbour is absolutely right it is about sitting down and communicating. Something he does not think Mr.Mayor understands at all as an outsider coming in who does not understand what it is like to live in Long Lake and Orono: it is like a big brother/little brother thing. Unfortunately they are doing the strong arm thing and are not looking out for little brother. Seals thinks the response to the letter was good, she appreciates them taking the high road on the intro, and when she met Mr.Jabbour a few years ago he told her the fire contract would end and that the fire department belongs in Orono. In talking to the firefighters,many of them are excited to have the chance to have greater support from City Staff such as a finance person and a mechanic.Long Lake is smaller and they just do not have as many people,which is okay. Seals is excited for the firefighters and their Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2022 6:00 o'clock p.m. families,noting her husband is a firefighter. She understands it must be tough to lose a fire department, but the history does not disappear. She thinks the letter is full of clear responses,they have done a good job of running the numbers, and everything was talked about at work sessions. She clarified the contract ends in 2025 and the big reason they are having this conversation now is so that there is no disruption, there is a well thought-out plan,and the firefighters are taken care of. Crosby wants to be clear that this Council and the Mayor have gone out of their way on several occasions to have open dialogue with the City of Long Lake. This is not coming out of the blue for Long Lake,they understand what is happening, and noted the response letter is direct and clear. Printup moved,Crosby seconded,to approve sending the response letter to the City of Long Lake. VOTE: Ayes 4,Nays 0. MAYOR/COUNCIL REPORT Crosby noted the news about the young man [Eli Hart] is disturbing and heartbreaking and prayers go out to his family and the community to heal. When officers and first responders are on a scene like that it is heart-wrenching and is something that never goes away, especially when it is a child. There is an officer in the audience tonight and something like that should just never happen. He asked everyone to be good to each other and watch out for each other. Printup noted that was well-said and it is definitely weighting on his mind,more so than bickering about contracts that took place in 1991 and the cost of land. What happened to that little boy is disgusting and he prays for healing and strength for the police officers, firefighters, and everyone who was involved. It is heart-wrenching. Seals echoes her fellow Council Members and does not think there are any words to sum up their feelings on the matter.In addition to police, fire,and family members, she thinks of the children in the little boy's class. Walsh stated their hearts ache for all of the communities affected. He spoke with many people this weekend and every one asked him to be sure to say thank you to the first responders on how well they did,how professional they are,and how safe people feel out in this area. He stated the City supports them 100% on everything, and in getting help after seeing these things. Mayor Walsh does not know how someone can see that and not have nightmares forever. He is very thankful for the professionalism of the support staff in the City,police force, fire department, and first responders. ADJOURNMENT Seals moved,Printup seconded,to adjourn the meeting at 6:58 p.m.VOTE: Ayes 4,Nays 0. AT ST: ti/A A •nna Carlson, City Clerk Aaron Pri tup,Acting Mayor Page 8 of 8