HomeMy WebLinkAbout07-25-2022 City Council Minutes MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 25,2022
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 Matt Johnson,Aaron Printup, and Richard Crosby III;Council
Member Victoria Seals was absent.Representing Staff were City Attorney Soren Mattick,Finance
Director Ron Olson,City Planner Laura Oakden, and City Planner Melanie Curtis.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Crosby asked to add Item 6,LA 22-000026—Al Azad, 165 Bederwood Drive, Variances—Resolution
7278 to Consent Agenda and to Move Item 7 and Item 8 Before Public Comments.
A member of the public asked to remove Item 4 from the Consent Agenda.
Crosby moved,Johnson seconded,to approve the Agenda as amended.VOTE: Ayes 4,Nays 0.
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF JULY 11,2022
2. CLAIMS/BILLS
3. 2022 PAY EQUITY REPORT
4. LA21-000029—ROBERT D. ERICKSON,365 WESTLAKE STREET,CONFIRMING
CONDITIONS OF APPROVAL—RESOLUTION 7277
This item was removed from the Consent Agenda.
5. SPRUCE PLACE RIGHT-OF-WAY ADJUSTMENT
6. LA 22-00026—AL AZAD, 165 BEDERWOOD DRIVE,VARIANCES—RESOLUTION
7278
Crosby moved,Johnson seconded,to approve the Consent Agenda as submitted.VOTE: Ayes 5,
Nays 0.
4. LA21-000029—ROBERT D. ERICKSON,365 WESTLAKE STREET,CONFIRMING
CONDITIONS OF APPROVAL—RESOLUTION 7277
City Planner Oakden gave a summary presentation on the item noting this is a clarification that all items
have been submitted and all conditions have been met.
Barbara Schmidt, 50 Landmark Drive, asked if the final plat for the property has been approved.
Page 1 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 25,2022
6:00 o'clock p.m.
Ms. Oakden replied the final plat has been withdrawn. She noted the vacation was a separate action from
the platting of the properties;therefore that plat is no longer in the process as it has been withdrawn by the
Applicant. She clarified that the plat was a separate application not associated with the vacation.
Ms. Schmidt asked if the Watershed District has commented on this.
Ms. Oakden can go back to confirm but believes everyone was notified properly through the process
when the vacation application was under review.
Ms. Schmidt asked what City fund the$100,000 is being deposited into as it said"public improvements"
and whether that is street,landscaping,etcetera.
Finance Director Olson replied the$100,000 was deposited into the Park Fund for improvements in parks.
Ms. Schmidt asked if they know the total area that was to be sold to Mr.Erickson in the vacated lakeshore
and cul-de-sac variance he received.
Ms. Oakden does not have the exact measurements in front of her noting the resolution was to approve
the vacation with those conditions which have been met. She is happy to follow up with the vacation
report.
Ms. Schmidt is trying to understand why there is a resolution for a resolution and noted that is confusing.
Ms. Oakden shared it was requested by the Applicant that the resolution be proposed to the City Council
to confirm because there were so many conditions associated with the vacation.
Ms. Schmidt asked if that is normal.
Attorney Mattick replied it is not uncommon with something that has this many conditions,especially
when real estate is involved as the County takes care of the vacation. The City vacates the property, sends
it to the County, and the County works with the Applicant.
Crosby moved,Printup seconded,to adopt Resolution 7277 confirming all required conditions of
Resolution 7211 have been met.VOTE: Ayes 4,Nays 0.
FIRE DEPARTMENT REPORT
7. FIRE DEPARTMENT EQUIPMENT PROCUREMENT—CMD 1 AND CMD 2 (22-047)
Deputy Chief Ryan Gonsior asked if any Council Members have questions about the item this evening.
Mayor Walsh noted this is the purchase of two Chevrolet Tahoes.The motion tonight is to purchase the
vehicles,they would be in the City of Orono's name,the City would be loaning the vehicles to Long Lake
Fire,and Long Lake accepts that they have no claim on these vehicles.These would be the conditions.
Page 2 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 25,2022
6:00 o'clock p.m.
Deputy Chief Gonsior noted the previous vehicle was not equitable to repair and the previous year Orono
Police Department was kind enough to lend them a retired squad car which is currently being used. In the
Capital Plan it was up the previous year to replace that vehicle,however they could not order due to
supply chain issues.He was able to find two 2022 Tahoes in Maryland noting it is very difficult to find
vehicles and order right now.
Crosby moved,Johnson seconded,to approve procurement of Fire Command Vehicles from
Criswell Fleet Sales for$137,707.18 with vehicle ownership being solely the City Of Orono with
conditions.VOTE: Ayes 4,Nays 0.
8. PUBLIC SAFETY UPDATE FROM THE THC MORATORIUM
Police Chief Farniok stated on July 1 a new law went into place to allow edible THC's as well as
drinkable THC solutions. With the law being passed,cities are struggling with how to accept this into
their communities. Questions include whether to create licensing similar to alcohol or tobacco,or to do
nothing and allow businesses to operate and sell these edibles and product in the community, zoning
requirements, etcetera. The League of Minnesota Cities is encouraging cities to put in a moratorium so
they can study what to do with this new law. Before the Council tonight is a moratorium listing the
reasons so the City has time to study and look at what they want to do moving forward in allowing these
businesses to operate in the communities.
Mayor Walsh asked if the legislature is looking to put more language on the subject.
Chief Farniok noted it is a struggle right now because guidance and enforcement comes back to local
control and the Board of Pharmacy. He clarified they do not know how to enforce because they do not
know what to enforce. Right now people under age 21 cannot purchase but anyone can possess;therefore
a 12 year old could possess THC gummies and it is not against the law or they can have THC-infused
seltzers and an open container while driving around because that is not against the law.He noted they are
finding there is a lot of information that needs to be tightened up and they are asking legislature to look,
tighten up, and clarify as right now the officers are in limbo and do not know what to enforce.
Printup moved,Crosby seconded,to approve interim Ordinance 276,3rd series,prohibiting the sale,
testing,manufacturing,distribution of THC products.VOTE: Ayes 4,Nays 0.
COMMUNITY DEVELOPMENT REPORT
PUBLIC COMMENTS
Brad Erickson,2485 Independence Road, is present tonight as he is running out of patience and noted he
is glad Mr.Printup is here.He stated they are going to have to figure something out here and his attorney
is back in town.There is more to this than certain people understand and he said if there is anything he
can do to help fill some gaps in logic and reason they would be happy to do that.Mr.Erickson stated this
will not go away and this will not happen in this zip code ever again and he wants to make sure the
message is sent loud and clear by censuring this man and letting anyone else who wants to come into this
town,raise a right hand,and swear an oath to protect people know that is what they should do.What was
Page 3 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 25,2022
6:00 o'clock p.m.
sent to Mr. Erickson was filth,vile,vulgar,dark,depraved,not funny at all and Mr. Erickson said 80
years is too soon for stuff like that.Not only should it have not been sent to anyone, it certainly should not
have been sent to Mr. Erickson.He asked Mr.Printup to do the right thing and stated someone needs to
make a motion for censure,although it does not have to be tonight as he respects the City's legal position.
Barbara Peterson, 1261 Arbor Street,read a piece of correspondence signed by four former Mayors of
Long Lake(Tim Hultmann,Janet Schaefer,Marty Schneider,Donny Chillstrom)and four former Mayors
of the City of Orono(Lili McMillan, Gabriel Jabbour,Jim White,and Barbara Peterson)that was dropped
off to the City the previous week and the local newspaper. She wants it to be added to the official record
and read:
Dear Orono Citizens, as former Mayors of Long Lake and Orono, we want to have the best fire services
for our Cities. Orono and Long Lake have been in a cooperative fire agreement since 2002. This
partnership came about when the Highway 12 bypass location required the removal of Long Lake's
existing fire house.At that time the two cities worked together to find a replacement site and designed a
modern building with the two communities sharing fire services. Orono worked jointly with Long Lake to
secure sufficient funds from MnDOT and the Willow Station site was chosen as a response location to
serve both cities.A new station was built and a Fire Advisory Board represented by both cities meets
throughout the year to work on the budget and provide guidance on fire operations. This has served both
communities well for 20 years. With the contract coming up for renewal there would have been
opportunities for any changes in the contract to be discussed. Instead, last year with no public input and
no supporting rationale, the Orono City Council notified Long Lake it will be terminating the fire services
agreement in 2025. Orono claims the reason it wants sole ownership and control of Long Lake Fire is
because Orono pays over 80%of the annual budget. Orono, under any agreement, would pay more for
fire services than Long Lake, it is 15 times larger than Long Lake and has 5 times its population. Instead
of opening negotiations with Long Lake about contract changes, Orono has threatened to use taxpayer
dollars either to buy out Long Lake's stake in the Willow building or build a brand new fire station from
scratch.
Mayor Walsh noted the three minute time limit had elapsed.
Tim Hultmann,280 Lakeview,Long Lake, said now is not the time to create a new fire department.The
future of fire-fighting is heading towards consolidating services not dividing resources. Orono's quest to
try and start its own fire department contains many risks including escalating costs to build and equip the
new facility.There are unknowns regarding training and recruitment of volunteer fire fighters and
potential increased response times due to station location changes. It is an expensive way to tamper with
the public safety that is not broken.Most importantly,this began to create an environment of mistrust and
ill-will between the two neighboring communities.Mr.Hultmann said this is unfortunate for our two
cities are intertwined, share infrastructure,fire services,shoreline, commercial blocks, interconnecting
trials, and retail amenities that the citizens like to use.It is important for Orono to maintain open and
honest communication with Long Lake to work on these issues.Long Lake has offered to start
negotiations on a new contract and they are sincerely hoping the Orono City Council represents those
talks in earnest.Mr.Hultmann said they specifically want Orono represented to set up a series of public
meetings to negotiate contract renewal.The taxpayers of our cities need full and transparent public
Page 4 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 25,2022
6:00 o'clock p.m.
meetings with agenda topics and minutes available on the City's websites so the rest of them can be kept
appraised of the negotiation.Both cities have worked side-by-side to solve many issues for the betterment
of the communities and it is the belief that this fire contract can be resolved and renewed in a manner that
is fair to both sides and continue to successfully meet the public safety needs of the two communities and
well into the future.
Dan Iverson,4640 North Arm Drive, is a little concerned about the mad rush to give away public lands
and properties in Orono, especially the most recent one where the DNR has come out and said there is no
public benefit to the proposed vacation. The present and potential future of the land could far exceed the
minimal value that is being proposed at this time. He wonders why, if the City will cede land and
potentially valuable property, it has not come up to a public auction or at least a public referendum rather
than being decided between just a few individuals. There are a string of properties he is concerned about
including Summit Park,Bederwood,and Lowry.Mr. Iverson is concerned that the City Council is
possibly overstepping their bounds and not considering the public trust and the future value of these
lands.He thinks they should try to retain the land they have in Orono because it is really one of the best
suburbs in the State, in Mr.Iverson's opinion and it is a great place to live.
Jay Nygard, 1386 Rest Point Road,continues to be embarrassed by the City Council.He noted this
gentleman was speaking and Mayor Walsh could not even be bothered to even look at him,just like at
Mr.Nygard right now. He told Mayor Walsh he is the mayor of these people and asked"what the hell are
you doing?Hello?Mayor Walsh?"
Crosby asked Mr.Nygard to be respectful.
Mr.Nygard stated what Mayor Walsh is doing is disrespectful and he is merely asking him to pay
attention to what Mr.Nygard is saying like everybody else here.Mr.Nygard noted Mayor Walsh is
gaveling former mayors and noted one man had to speak so fast to make sure he got his comments in and
one could not understand it very well.He again asked,"What the hell is going on with you guys?"Mr.
Nygard went in front of the Mound City Council and found out what it was like to be treated with respect,
to have people talk and listen to you. But not here,they are all about disrespect and that is all he sees.
Mayor Walsh noted this is a listening session and he is listening.
Mr.Nygard asked how would he know as Mayor Walsh is not paying any attention. He asked is this
really what Mayor Walsh is going to do? That is what children do and the City Council all goes along
with it.
Crosby stated they spoke last week about coming here,showing decorum,being respectful to the
Chambers.
Mr.Nygard said excuse me,this is my three minutes. This is not your time.
Crosby asked Mr.Nygard to be respectful to the Chamber and to the Council.
Mr.Nygard asked to have his full three minutes and asked Mayor Walsh to please pay attention to him.
Members of the public spoke from the back of the Chambers [inaudible] and asked"What is your point?"
Page 5 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 25,2022
6:00 o'clock p.m.
Mr.Nygard replied his point is the Mayor is a jack-ass.
A member of the public spoke from the back and said"Somebody is acting like a child."
Another member of the public said"You guys be quiet."
Mayor Walsh did not hear Gabe yelling when he was over there heckling people and asked if he will pick
and choose what he wants to be arguing about?Maybe he should fucking learn something too.
Mr.Nygard said"Ooh. This is my three minutes Mr.Walsh."
Crosby said Mr.Nygard is down to 37 seconds.
Mr.Nygard appreciates that they stopped the clock because of what had been going on.He will resume as
long as Mayor Walsh pays attention.
Mayor Walsh replied he is listening and for Mr.Nygard to say whatever he is going to say.
Mr.Nygard stated he is not paying any attention.He came up here last time and had a silent protest.
Mayor Walsh noted that worked well.
Mr.Nygard said Mayor Walsh held up a newspaper and ignored him the whole time except when looking
at the clock.Everybody who was here disrespected him in his protest.
Gabriel Jabbour,985 Tonkawa Road, said this is absolutely inexcusable,it is disgusting,the citizens
deserve better, and he understands there is a lot of garbage coming to them. He repeated he understands
there is a lot of garbage coming to them.But getting people in the audience to take over the meeting,there
is no place that.If the Council would take care of those people and give Mr.Jabbour the right to speak,
they will have no problem. He said they might learn from immigrants that political discord is the most
protected of the First Amendment and Mr.Jabbour is embarrassed this is happening,he is upset this is
happening, and it does not please him. He said they will find out why it is happening and the question was
if the Council will figure out a way to deal with it and put it behind them?Mr.Jabbour addressed Mr.
Crosby and said Target does not sell respect, one earns respect rather than buying it at the market. If he
wants respect,he gives respect.Mr.Jabbour was not planning to speak and said Mr. Walsh hammered
Mayor Peterson two seconds before her time.
Mayor Walsh replied nope.
Mr.Jabbour stated they are a small little town and they are all neighbors and he asked the Council to try
to figure out how they can show and lead the City in a better direction.He asked them to get together,hire
someone,figure out what happens,get a mediator with Mr.Erickson,and figure it out.But trying to ask
friends to come to the meeting to defend them is like Mr.Jabbour throwing fire in the living room, it is
inappropriate. He said to Mr.Walsh(pointing behind him)those people are under that position,an oath,
they spill the beans.The Council cannot bring people here to control other people.He said thank you.
Mayor Walsh said to Mr.Jabbour it is interesting that a few years ago if he remembers right...
Page 6 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 25,2022
6:00 o'clock p.m.
Mr.Nygard shouted from the back that it is public comments not mayor's comments.
Mayor Walsh noted Mr.Nygard is out of order talking in the back.
Mr.Jabbour returned to the podium.
Mayor Walsh said again it was a few years ago when a letter went out in the mail that made up untrue
things about him.He said in talking about"buying respect"all of a sudden there was an apology letter
from Mr. Jabbour that he had to send out because Mayor Walsh sued him for defamation.
Mr.Jabbour replied, "Mr.Mayor you are incorrect."
Mayor Walsh said out of all the statements Mr.Jabbour makes, if there was such a thing, Mr.Jabbour
would have no credibility at all.
Mr.Nygard shouted from the back.
Mayor Walsh said Mr.Nygard's friend just came up and spoke about shouting from the back but Mr.
Nygard just continues to do it.
Mr.Nygard again shouted from the back.
Crosby mentioned all of the citizens have a right to be in the gallery and not be attacked. That is
necessary. There can be discussion and differences,but everyone here has rights to be here.
FINANCE DIRECTOR REPORT
Finance Director Olson noted the Finance Department is wading into budget time and the first meeting
will be on Friday to work through the 2023 budget.
CITY ATTORNEY REPORT
Attorney Mattick had nothing to report.
MAYOR/COUNCIL REPORT
Johnson noted during public comment time the Council received a letter from a past mayor and he thinks
it was a little delayed as Johnson and Seals are currently negotiating with Long Lake representatives in
the fire department.He feels they are continuing to make progress on the common goal to keep the fire
department intact and it will take everyone's cooperation and they are working toward that.
Printup spoke about an article in the local paper the past weekend about municipalities, small towns,and
rising costs.He asked Finance Director Olson about feeling any pinches in the City buying fuel in bulk a
year ahead of time.
Mr. Olson replied they are not feeling it yet and they are locked in at about$1.98/gallon. He noted they
lock in for about 70%of what they need and the 30%they buy at the spot market price is higher than it
would have been and the future fuel budget will be worked through with the Committee.
Page 7 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 25,2022
6:00 o'clock p.m.
Crosby received sad news the previous week noting a former Orono police officer,Bruce Anderson,
passed away.Mr.Anderson was a police officer in Orono from 1978-2008,he built relationships with
businesses and residents,worked hard to build relationships with Mound,Maple Plain,and Long Lake
Fire,Hennepin County Water Patrol, and the lake area police departments.Mr.Anderson was very social
and enjoyed talking to people and engaging in friendly conversation.He was a go-to officer who worked
hard to know the community and get to the people and Mr.Anderson will be greatly missed. Crosby
noted Mr.Anderson took young people under his wing,made them feel welcome,he had a great smile
and was a great person. Crosby's thoughts and prayer go out to Mr.Anderson's family and asked if they
can hang a blue line flag at half-mast the following day.
Walsh noted Spirit of the Lakes Festival was the previous weekend and spoke about the water level with
the dam being closed.
ADJOURNMENT
Crosby moved,Printup seconded,to adjourn the meeting at 6:47 p.m.VOTE: Ayes 4,Nays 0.
ATT T:
Anna Carlson,City Clerk Dennis Walsh,Mayor
Page 8 of 8