HomeMy WebLinkAbout11-28-2022 City Council Minutes MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 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,Richard Crosby III,and Victoria
Seals. Representing Staff were City Attorney Leah Koch, City Administrator/Engineer Adam Edwards,
Finance Director Ron Olson, Community Development Director 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
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF NOVEMBER 14,2022
2. CLAIMS/BILLS
3. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH LELS LOCAL 40
4. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH LELS LOCAL 168
5. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH OPEIU LOCAL
12
6. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH LOCAL 49
7. POSITION REVIEW AND RESCORING
8. APPROVAL OF ANNUAL RECORDING SERVICE AGREEMENT WITH TIMESAVER
OFF SITE SECRETARIAL FOR MEETING MINUTES
9. APPROVAL OF PROPOSED COUNCIL LIAISON TO PLANNING COMMISSION IN
2023
10. APPROVAL OF PROPOSED 2023 OFFICIAL MEETINGS CALENDAR
11. APPROVAL OF DESIGNATED POLLING PLACES FOR 2023—RESOLUTION NO.
7317
12. APPROVAL OF 2023 ANNUAL LIQUOR LICENSES
13. APPROVAL OF FIREWORKS DISPLAY PERMIT—TREE LIGHTING EVENT AT
ORONO PUBLIC GOLF COURSE
14. APPROVAL OF DONATIONS AND APPROVAL OF EXPENDITURES FOR THE
ANNUAL TREE LIGHTING EVENT—RESOLUTION NO.7316
15. APPROVAL TO DISPOSE OF A FIREARM
16. LA22-000052—DENALI CUSTOM HOMES, 1780 SHADYWOOD ROAD,VARIANCES—
RESOLUTION NO. 7313
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MINUTES 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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ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
Crosby was sworn back into this office in Orono. Mr.Erickson wants to be clear this does not define him
and he did not have any part of this. He played a video on his laptop at the podium.
Dave Pearson, 2160 Weber Hills Road,noted he was on the Planning Commission and City Council in
Long Lake when they put the fire department together. He stated it was a heck of a fight but he thinks it
ended up properly.As a citizen,his concern is that the current City Council is on the road to spend
roughly$600,000 on a new fire truck and the hiring of a Fire Chief. The contract with the fire department
does not end until 2025 and Mr. Pearson noted they will be spending a lot of money to have their own fire
department. Mr. Pearson went to the open house where the Long Lake City Council gave a great
presentation regarding the costs and possible solutions to the standoff they have now.Mr.Pearson is here
to ask the City Council of Orono to host at least two town halls on the issue of why they need a fire
department and what the costs will be to the individual taxpayer. He thinks they owe it to the community
to have some say in the project.He stated they have been a community for over 100 years and in Orono
going their own direction regarding the fire department,Mr. Pearson worries about the community-aspect
with it all being about Orono.He asks the City Council to review the fire district process as it gives Long
Lake,Orono, and the surrounding towns a say in the fire department,both administratively and cost-wise.
Brian Turbeville, 997 Wildhurst Trail, spoke about the vacation request by Matt Johnson at 1003
Wildhurst Trail.While there was furious opposition from the public at the Planning Commission meeting
on November 21, 2022,the system is not set up for questions-and-answers following the public comment.
He shared some points presented at the meeting:
1. The Applicant argued that the residents on Wildhurst Trail had previously requested and received
vacation on their property and this property had not been asked.Mr. Turbeville said this is a false
statement.The vacation has been requested at least two times prior, in 1978 and 2018, and were
both denied by the City.
2. The Applicant presented a similar road that ran directly through the house at 997 Wildhurst Trail
as a comparable circumstance to vacate the property.Mr. Turbeville stated the roads on the land
were vacated on Wildhurst Trail specifically to vacate houses. The Applicant is not requesting
development of a house so vacating at this time puts the cart before the horse.
3. The Applicant and committee extensively discussed precedence set with other recently vacated
properties.Referencing a letter from the Minnesota DNR dated November 14,2022,they are
opposed as the vacation poses no public benefit or protects present or potential use of the land to
access public waterways.Those vacations also did not threaten overdevelopment. This one does
and should be reviewed on its own merit.Those properties did not abut to a park and should not
be used as precedence in this matter.
4. The Applicant and Planning Commission pointed out that the public currently does not have
access to the lake and would have to cross private property to get to the access point.Mr.
Turbeville noted an attached survey from 1978 which shows the actual point the channel was dug
out to and extends well into the City-owned right-of-way.
5. The Applicant stated for public benefit he was not asking for vacation of the strip of land attached
to or running along Wildhurst Trail,and that all other properties up the street had done so and
there is no easement there.Mr.Turbeville stated that is misleading;the property was purchased
from 999, 997, and 995 Wildhurst Trail to widen and construct Wildhurst Trail.
Todd Newcomer, 1070 Old Long Lake Road,would love to see a fire district formed in the area.He has
talked to individuals and groups and noted his background is as a firefighter paramedic for just under 30
years, including as a Lieutenant in the fire service and an acting Battalion Chief He noted it was a
combined fire district with 13 cities,3 counties, covered close to 400 square miles,and it worked very
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ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
proficiently. The object of a fire district is to take the fire service off the plate of the individual cities and
combine it so the citizens and elected officials have oversight to speak on their behalf. Mr.Newcomer
noted it reduces the number of chiefs, officers,apparatus replacement committees,it reduces everything
and it runs more efficiently. When Mr.Newcomer moved to the area recently he looked into the fire
service and stated the men and women who serve are great people, dedicated,and professional.However,
they are about 30 years behind as the rest of the country is consolidating and getting down to business.
What is happening right now with Long Lake and Orono separating,it makes no sense and they are going
backwards. Instead of being 30 years behind they will be 35-40 years behind and in speaking with the
Mayor and Council,they agree that a fire district is important.He suggested they do it,they take this time
of contention,and move forward to look at a fire district. They do not need to hire a Fire Chief,buy a fire
truck and continue to pay those as it is doubling. He noted buying a fire truck when they already have the
resources in the area is wasting taxpayer money,time, and energy.He asked them to stop,for everyone to
have clear heads, and form what is the best for the community and people.He said"save money,save
time,save lives."
Ann Turbeville,997 Wildhurst Trail,continued what Mr. Turbeville was talking about earlier. She said
the Applicant stated for public benefit he was not asking for vacation of the strip of land attached to or
running along Wildhurst Trail although other properties along the street requested and were granted
vacation.This is misinterpreted and is not comparable to the vacation request.Prior to 1978 Wildhurst
Trail was reconstructed and widened and did not affect the properties at 1001 and 1000 Wildhurst Trail.
Conversely the City purchased land from 999,997,and 995 Wildhurst Trail to widen the street,thus
leading to no easement at the street for these properties. One resident speaking in opposition suggested a
section with overhead power lines may be extended in the future to provide better coverage to this area.
First and most importantly,Wright-Hennepin Cooperative Electric Association did not receive a letter
from the City of Orono regarding this vacation request. The power lines on 1003 Wildhurst are provided
by Wright-Hennepin not Xcel Energy. Committee members and the City Planner dismissed this idea.
Conversation on this topic by the landowner and committee members made it sound like 1003 Wildhurst
Trail is the only property fed by these utilities and it would benefit to have the overhead lines buried. Six
homes on the north side of Wildhurst Trail receive power from those power lines, a resident pointed out
that Xcel Energy power fed from North Shore Drive is terrible power with consistent outages after
storms.It would be in the public interest to keep this option open to expand new utility services through
this right-of-way. The Applicant and a partner have a purchase agreement on the abutting 10 acres which
was dismissed as not relevant or a separate deal.Ms.Turbeville contends that this is extremely relevant.
The current power lines divide the plots, and if the right-of-way is vacated and the entire property is
joined it will set the table for a potential larger development in the future.The park and dense wooded
area are unlike any other in the City of Orono,it covers roughly 100 acres of continuous natural
hardwood habitat. While Ms. Turbeville is not looking to restrict a private landowner, she is asking the
Council to not use this vacation request as a step to develop the property in the next year or the next 50
years. The Applicant's entire property is 15 acres, enough to divide and build multiple houses.Not
vacating poses to no harm on the Applicant to do what he stated,such as have his parents live in the
existing cottage and build a house for himself, and possibly one for his son.Ms.Turbeville thanked the
Council for their time and consideration.
Barb Schmidt,50 Landmark Drive,has questions about funds attached to the parks. She noted there is a
dedication fund and asked if there is a balance in that fund.
Mr.Edwards noted Ms. Schmidt can reach out to him with her questions,however he does not have that
information in front of him right now.
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MINUTES OF THE
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November 28 2022
6:00 o'clock p.m.
Ms. Schmidt noted there is also a Park Legacy fund which is separate.
Mr. Edwards noted the Park Legacy is not a fund but rather a 501c3 fundraising organization and is not a
City entity.
Ms. Schmidt asked if the public gets to know anything about the fund,whether there is a website or if it is
filed anywhere.
Mayor Walsh believes they have a website and have filed.
Ms. Schmidt looked and could not find it. She asked who is sitting on the Board of that organization.
Mayor Walsh noted this is not a question-and-answer time and Ms. Schmidt can email Mr.Edwards for
the information.
Mr.Edwards will certainly try to connect Ms. Schmidt with the people at the Park Legacy.
Ms. Schmidt stated it would be nice if the City would share that information with the public.
MAYOR/COUNCIL REPORT
Seals shared about the Tree Lighting Event noting Staff and Parks Department did a great job knocking
on doors and getting local businesses to donate resources and time to the event.Regarding pickleball at
the golf course,nothing has been decided and at the next work session they will talk about
communication plans,concerns they have heard,and Seals noted on January 10 at 6:00 p.m.they will
hold an open house to brainstorm,talk about concerns,and look at the feasibility study.
Johnson attended the Long Lake Fire open house.He shared about an email the Mayor of Long Lake
circulated regarding a meeting and their Fire Chief position and how they will move forward.After the
meeting Johnson and Mayor Walsh spoke with Long Lake representatives and noted they are available to
continue talks. One takeaway is that if Long Lake goes to a JPA their yearly fee goes from Orono's offer
of$70,000 for the next 10 years to$160,000 with their Capital Improvement Plan(CIP). Johnson stated
keeping the fire department together has always been Orono's goal and they have given Long Lake a path
to do that with their offer.
Crosby stated he has had his character assassinated for the past two months and would like to clear up a
few things.He has been serving this community since April of 2006,became a volunteer firefighter
primarily because of 9/11 and losing a friend that day which had a deep impact on his soul. Crosby served
the community proudly on the Long Lake Fire Department, and he cares deeply about every member of
the department. In 2006 he was asked to run for City Council and while it is a non-partisan position,
Crosby is a conservative and he has not hidden that. He believes in not closing down the State,he does
not believe the government has the right to pick and choose who can and cannot go to work, and he
believes everyone has the right to feed their family. Regarding the gentleman who stated that Crosby
encouraged violence,that is an outright lie. Crosby has never in his entire life encouraged violence,he has
been sitting on his hands listening to this clown talk about him in front of everyone and the public over a
YouTube video. Crosby tried to meet with the gentleman and his attorney, and Mr.Printup was also there,
to try to agree to disagree with what the video means. Even the attorney said the same. This is a YouTube
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ORONO CITY COUNCIL MEETING
November 28 2022
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video which Crosby did not send to the gentleman, it is irrelevant, and he claims to hate Nazis yet at every
opportunity he has threatened,tried to intimidate, and everything in his behavior is intimidation,
degradation,and trying to squelch free speech. Crosby presented himself to the man with respect and
kindness and has sat here as his character has been attacked. He noted he has served this community and
has never incited violence and regarding"tactical gear"he was wearing a Trump hat,fire fighter boots,
and fire fighter pants which are not tactical gear. Crosby has never once in his entire life incited violence.
Rather, he was fighting for this State to open up and let people go back to work,he was not in for the
lockdowns,and he will never fight against anyone's right to believe in what they want to believe in.
Regarding the current interruptions by this gentleman while Crosby has been speaking, Crosby did not
interrupt the gentleman once but handled him with respect,kindness,and dignity.Everybody is entitled to
their opinion because there is free speech and free assembly in this country. Crosby has never, ever
condoned violence, and stated the burnings in Minneapolis disgusted him. If anyone wants to know where
Crosby stands on an issue,he asked the citizens to reach out and call him and whether they agree or
disagree on something, everyone is entitled to their opinion.
Mayor Walsh attended the fire meeting and was at the Planning Commission meeting.Regarding Mr.
Turbeville pointing out easements he did not get,Mayor Walsh noted over time all the easements had to
be done to get those properties built. The land being talked about is one acre zoning which means they
cannot build apartment complexes or 20 houses. When the owner came five years prior he had about 7-8
houses total between the 5 acres and 10 acres and Mayor Walsh clarified that is zoned two acres.He
noted as long as it fits two acres, and setbacks are correct,they can build whatever they want as long as
they meet those requirements. He finds it ironic that all the other properties received variances over time
to get rid of the alleys in the middle of their yards to build.As a City,Mayor Walsh thinks there are issues
in the area that need to be solved due to the platting being done before Gray's Bay Dam was put in and
raised the water 15 feet. He thinks they may need to be proactive and itemize all the lots that have
problems on Forest Lake and reach out to the owners to see if they can be solved. Mayor Walsh spoke
about lake access points,private property, and the DNR policy which is to deny. He noted many people
get on social media to complain, such as with the upcoming fireworks.He read one comment from
Barbara L. Schmidt which says"The Council approved it [the fireworks] and Victoria spoke about it at
last Monday's Council meeting. She said blowing up fireworks for little kids in Orono is more important
than donating to charity so maybe it was her decision."Mayor Walsh stated that is a complete lie,too,
Seals never said that,and people are not afraid to post complete lies on social media,also. He noted the
next meeting will be Mr.Printup's last meeting and Mr. Printup will run the meeting.
Mr.Printup hopes there is not any cussing and yelling at his last meeting.
ADJOURNMENT
Crosby moved,Printup seconded,to adjourn the meeting at 7:10 p.m.VOTE: Ayes 5,Nays 0.
AT A ST:
AL•
A Ira Carlson, City Clerk Dennis Walsh,Mayor
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