HomeMy WebLinkAbout03-21-2023 City Council Minutes MINUTES OF THE
ORONO CITY COUNCIL MEETING
MARCH 21,2023
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 Alisa Benson,Richard Crosby III, and Victoria Seals. Council
Member Matt Johnson was absent. Representing Staff were City Attorney Jack Brooksbank, City
Administrator/Engineer Adam Edwards,Finance Director Ron Olson, Community Development Director
Laura Oakden and City Clerk Anna Carlson.
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 MARCH 13,2023.
2. CLAIMS/BILLS
3. APPROVAL OF RENTAL LICENSES
4. APPROVAL OF PLANNING COMMISSION APPOINTMENTS—RESOLUTION NO.
7347
5. APPROVAL OF NEXT WORK SESSION AGENDA
6. APPROVAL TO ACCEPT DONATION—BRIAN GERHARDSON—RESOLUTIONNO.
7348
7. APPROVAL OF APPRECIATION OF BARRY RATHBUN—RESOLUTION NO. 7349
8. APPROVALTO ALLOCATE 2021 ROAD PROJECT COSTS
9. APPROVAL TOESTABLISH POLICE AND FIRE CAPITAL FUNDS—RESOLUTION
NO.7350& RESOLUTION NO. 7351
10. LA22-000070—STACY KROMENHOEK, 4085 WATERTOWN ROAD,AFTER-THE-
FACT VARIANCE—RESOLUTIONNO.7352
11. LA23-000001—LECY BROS HOME&REMODELING,2617 CASCO POINT ROAD-
HARDCOVER VARIANCE—RESOLUTIONNO. 7353
12. LA23-000009—NEIL WEBERO/B/O ORONO APARTMENTS LLC,2475 KELLEY
PARKWAY,FINAL MASTERDEVELOPMENT PLAN(LA20-000001)-
3RDEXTENSION—RESOLUTIONNO. 7354
Crosby moved,Benson seconded,to approve the Agenda and Consent Agenda with Item 5
removed.VOTE: Ayes 4,Nays 0.
5. APPROVAL OF NEXT WORK SESSION AGENDA
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
MARCH 21,2023
6:00 o'clock p.m.
Walsh said he pulled this item off the consent agenda because the only topic is potential 2024 road fixes,
which shouldn't require an hour so the meeting could start at 5:30 p.m.instead of 5 p.m.
Walsh moved,Crosby seconded,to approve changing the time of the April 10 City Council work
session to 5:30 p.m.VOTE: Ayes 4,Nays 0.
CITY CLERK REPORT
13. APPROVAL OF AMENDED 2023 ANNUAL APPOINTMENTS—RESOLUTION NO.
7355
Clerk Carlson said the purpose of this action item is to amend Resolution No. 7355, the City of Orono
appointments for 2023,by appointing City representatives for the Northwest Hennepin League of
Municipalities and adding a deputy chair to the Orono Park Commission. The Council has shown interest
in participating in the Northwest Hennepin League of Municipalities so at the request of the mayor,two
members would be appointed to represent the City at those meetings. The amendment calls for Dennis
Walsh and Matt Johnson to be appointed to the NWHLM and current Park Commissioner Cameron Porter
to serve as the Deputy Park chair.
Benson pointed out no member of Council has chosen to attend the NWHLM since 2017 until she was
invited to attend and started doing so.Also,the 2023 annual appointments for Orono were voted on at the
December meeting before her term of office began,which did not give her a voice or an opportunity to
express her interests or skills in those 2023 appointments. She noted neighboring cities make those
appointments in January as required by State Statues 412.121. She had been invited to attend the
Northwest Hennepin League meetings and has had an active interest in it.I think it's important for
Council Members who have an interest in learning and growing in their role to have a chance to do so.As
it's written,I don't support this proposed amendment,given the historic lack of interest on the part of the
this current Council, despite many opportunities to attend.Also, she noted the way this is written it
effectively prevents her from attending. She added,regardless, she believes that Orono should look at
amending its practice of making committee appointments in December instead of January,and also
making it a regular agenda item rather than on Consent.
Walsh said he hadn't been able to attend NWHLM meetings for a few years because of family
responsibilities,but now that his children can drive,his evenings are more free.And based on the
behavior of Councilmember Benson and her actions at those meetings,he could not in good conscience
put her as a representative of this City in an organization like that.
Walsh moved, Crosby seconded,to approve amended 2023 Annual Appointments Resolution 7355
as submitted.VOTE: Ayes 3,Nays 1(Benson).
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
MARCH 21,2023
6:00 o'clock p.m.
FINANCE DIRECTOR REPORT
14. CHANGE PHONESERVICE PROVIDER
Finance Director Olson said about a month ago City Hall's phones were down for about two days. We
started talking to providers and they were recommending SIP technology which uses their phone lines
over our fiber connection rather than the old copper because phone companies are getting rid of copper
connections. The City staff solicited several quotes from providers including the City's current provider
and selected Nova Systems based on price and customer service. The City will cut its phone bill for
primary phones in about half,will eventually be able to save another$1,000 per month and will have a
state-of-the-market system for communications. It will take two weeks before the new system is in place.
Olson said his report was informational as the action is far below the level that would require Council
approval.
Seals said she had two unrelated but related questions,related because they involved tech. She said she
has had a couple of phone calls in the last week complaining about Mediacom and these complaints have
been consistent. Seals asked is that something that down the road we can look at again?
City Administrator Edwards said there's no prohibition from other competitors coming into our market.
Mediacom doesn't have a monopoly but happens to have been the first to come out here, and the first to
build out. There is opportunity for other competitors to come out. I assume the market forces have to be
such that they think they can make some money doing so. We don't have a direct input into those small
telecoms that come through,but there are opportunities. We haven't done anything where we've tried to
partner with a provider to give them some kind of financial incentives or something like that.
Walsh said the City has made attempts to talk to other providers.
Seals said her second question concerns progress on updating the video system for City Hall.
Edwards said that is something that will be coming to the Council, hopefully in the near future. The City
has been looking at other systems with hardware and software needs and getting quotes.
COMMUNITY DEVELOPMENT REPORT
Community Development Director Oakden had nothing to report.
CITY ATTORNEY REPORT
Standing in for City Attorney Mattick, Jack Brooksbank said he wanted to briefly touch on
Councilmember Benson's concerns about the City commission and committee appointment process.
There are one or two specific positions where the statute does mention a first meeting of the year. He said
it looks like the appointments were moved a few years ago,probably just for convenience so that all the
appointments were done at one time.A note has been made to move those appointments for the next year.
Whether to make the appointments as two rounds or to move everything, is going to be a policy decision
for the Council. He added the timing does not affect the validity of those appointments.
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ORONO CITY COUNCIL MEETING
MARCH 21,2023
6:00 o'clock p.m.
CITY ADMINISTRATOR/ENGINEER REPORT
City Administrator Edwards had nothing to report.
PUBLIC COMMENTS
Walsh opened public comments but said before public comments,he wanted to pick up from the end of
the last City Council meeting with credibility issues concerning Councilmember Benson and Brad
Erickson who he called her biggest financial supporter.He said some new information had come to light
in the form of an affidavit where Erickson allegedly admitted lying to police. So I'm going to finish with a
quote from Thomas Jefferson. "He who permits himself to tell a lie once finds it much easier to do it a
second and third time so at length,it becomes habitual.He tells lies without attending to it,and truths
without the world's believing him. The falsehood of the tongue leads to that of the heart and in time
depraves all its good dispositions".
Kim Carswell 261 Cygnet Place, said I just have a statement to make. Wouldn't it be impressive to
observe a collaborative Council meeting without verbal tongue beatings?Wouldn't it be terrific for the
Council to pay attention to others without dismay,avoiding the bored facial expressions that we see
today?Wouldn't it be fantastic to see the Mayor speak to all with a respectful tone,without consistently
feeling the need to pick up an old bone?Wouldn't it be great for the meetings to end on a positive note
without the rancor and negativity that fill all the quotes?Wouldn't it be wonderful to see more kindness
and respect for our Mayor,to the others that people elect?I'd like to put that in the minutes please.
James Elder, 195 South Brown Road, Orono, said he was pleased that Mayor Walsh, at his public coffee
meeting the previous week,stated there would be an open discussion regarding the Orono Fire
Department,including questions and answers, at a future Council meeting after disclosure by staff of cost
estimates and needs assessment.However,he said he believes it is necessary to devote time to a public
hearing in a larger venue to accommodate the hundreds of Orono citizens very interested and affected by
this matter.The expenditure of many millions of tax dollars on a redundant Fire Department building
warrants a full and accurate discussion.By one estimate, a$4 million capital expenditure,which many
estimate is low,increases the property tax on a$1 million residence by approximately$850.
Transparency,accuracy, and communication are universally acclaimed principles of good governance.
They are called for here.
Todd Newcomer, 1070 Old Long Lake Road, said there have been many questions asked about how much
the City is going to spend on the proposed Fire Department.Because of his background in fire service,he
said he has been getting many phone calls with questions and one that keeps coming up is in regard to
apparatus and how they're utilized,their life expectancy, and how they are purchased. The department
that I worked for has basically a 10-year life expectancy on fire engines because they have over 60,000
calls a year. Smaller communities such that we live in can extend those life periods out to approximately
15 to 20 years.He said fire engines and fire trucks are two separate things with separate uses and so
trucks,which are not utilized as frequently,have a longer life expectancy and can last upwards of 20
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ORONO CITY COUNCIL MEETING
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years. He said it is his understanding that the ladder truck recently purchased by the City is a 2009 so
already past three quarters of its life expectancy. We're spending three quarters of a million dollars on it,
not counting the refurbishing of it. So we could expect to get another five, six years out of it before we
have to purchase a new one based on national averages.
Walsh said he believes the truck will last another 10 years and that the speaker was talking a lot of
maybes.
Mr.Newcomer said he thinks there are probably four or five fire engines in the fleet that are close to
needing replacing. He added when the needs assessment is presented in the spring it is likely to be a
wake-up call for every community around here as far as how far behind we are.
Chelsea Wetrick,Independence, said the Mayor uses the podium to sit up there and bash people and yet
wants to talk about ethics. She said the Mayor had attacked the one person that wants to do what she's
supposed to do and not look out for herself. And you two sit and follow him around having not a single
thought for yourselves. You people don't want what's best for the City.You want what's best for you and
your pockets.And then you want to talk about how Brad fundraised for her?Who bought racist signs,
who's doing all the illegal stuff?You got into this seat illegally.You sit there and you laugh and you scoff
and you are the biggest liar out there. Why are you not going to sit down with a negotiator or mediator?
Brad Erickson,2485 Independence Road, said he had spoken with some people from the Northwest
Hennepin League of Municipalities.You really are full of it. Good job trying to box her out,though,the
only person that has shown any interest in a long time.He quoted from a letter Councilmember Benson
had included in the packet for the previous meeting.He said her suggestion was that members of the
Council,with the assistance of staff,locate an independent mediator to help find a solution to this
problem. The League of Minnesota Cities offers these resources.He noted he had not seen
Councilmember Crosby since November 28. That's a long time. You want to go after me and then start
running out for the next three months?He said he had a two-hour meeting with his attorney last Thursday
and the Council could expect something this week. So where have you been Mr. Crosby?Why can't you
answer any questions about the Proud Boys and about the Capitol steps?Did you see we made the paper
again?You know you're gonna be answering those questions. Why were you standing up here
crowdfunding in front of this sign of this City,this honorable City,for a hate group?Those questions
aren't worth answering to you. There are a lot of people that want to know, believe that,and the answers
will be forthcoming. He added,he disagrees with City Attorney Mattick regarding legal advice he gave
the Council at the previous meeting. I think that anything that comes through on a government computer,
email,whether it's being disseminated about the office or not, should be public record. I don't think that's
private. I don't think any of you guys' stuff should be private if it has to do with the government record.
Claire Berrett, 1085 Brown South, Orono,said she just wanted to say that there are a handful of super-
noisy people who spend a lot of time on social media stirring the pot. That's their right to do it. But I don't
want the perception to be that the majority of the people of Orono are cut from that cloth. I am proud that
you are my Mayor, and that all of you are on the Council. I think you run a very professional organization
for our City. You do good;things you always have. I'm a staunch supporter and I just wanted to make
sure that you know very clearly that there's a very large majority that isn't quite as noisy as the minority.
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ORONO CITY COUNCIL MEETING
MARCH 21,2023
6:00 o'clock p.m.
MAYOR/COUNCIL REPORT
Benson said she had three items to discuss. She was invited to attend the annual meeting at the Gillespie
Center in Mound, which is a senior citizen's center. It was the first time she had visited and in addition to
being a gathering space,she was impressed by the services offered such as tax assistance and
programming addressing senior mental health. She noted the center accepts donations of unused greeting
cards.
Benson said her second item was to revisit the letter she wrote to the Council earlier this month presenting
three options to address the matter involving Mr. Erickson: option one,an apology from the Mayor;
option two,mediation through the League of Minnesota Cities; and option three, continuing on the
present trajectory. What I would offer is that the current situation, or continuing on this trajectory, is not
ideal. One of the very real effects of this situation is the amount of staff time that has been devoted to it.
She said having an officer stationed at all Council meetings is a huge amount of time and resources that
could be spent in the community.Benson said she had an opportunity to do a ride-along with the Police
Department which gave her an even greater understanding of how important those hours are for police to
be available to serve the community. She clarified that no Council Member alone can direct staff to take
any actions, so any movement toward a resolution to the issues facing the Council would require a
majority vote.
Benson said the third item that I want to address is the remarks that were made at the Council meeting last
week,March 13.As I said at the time and in the past,I will address on record any time statements are
made that are presented as fact that are not so,because words matter. When I am aware of false
statements made on record,I will address them. She said Mayor Walsh had stated at the last meeting that
she met with Mr. Erickson at City Hall because she was afraid of him. In fact, she said, one of her reasons
was that City Hall is a place where every member of the community should feel welcome. The second
reason was because City Administrator Edwards is a seasoned professional with a great deal of
knowledge about the workings of the City and can provide a third-party perspective and be able to attest
to the content of a conversation.Thirdly, City Administrator Edwards was present at City Hall.Mayor
Walsh presumed to know my intentions and speak about his perception as if it were a fact,when it was
not. Going forward, I would ask Mayor Walsh to please consider that the words being used in Council
meetings have weight to them.And I will not look past false statements or opinions that are presented as
fact.The process of addressing these statements on the record is time-consuming and could be avoided in
the future with more consideration given to the statements made during Mayor Council Reports.
Crosby said looking back over the years he wonders what happened. People can have a disagreement
without being shouted upon, disparaged,interrupted. There can't be discussion anymore in a polite
manner.He said he and former Councilmember Printup had sat down with Mr.Erickson and his attorney
and handled themselves like gentlemen. We tried to come to an agreement to move forward to understand
the situation.There was no agreement.We're elected officials. We're not elected to sit here and take
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6:00 o'clock p.m.
abuse. I've served this community for 10 years as a firefighter. We care about this community.He said he
has never profited from being a City Council member but spent his own money to make sure he made it
to meetings.I've spent money donating money to the community. This Council took money out of their
own pocket to make up for lunches for kids that were short on their lunch money. The Council made sure
the City has a roads budget,which he said previous administrations didn't.The sideshow to some people
is exciting. It makes the papers when we get disparaged. We're invested in this community. The people of
Orono love this community. I get amazed with people being so incredibly fortunate to live here. The
problems here are not huge.To some people they are,but they're manageable. I feel very grateful and
blessed to live where we live.I've answered his questions months ago at a meeting during my comments
and I addressed them item for item. I'm not going to replay the same reel with this gentleman. We work
for you,we represent you. So when we have to sit here and listen to the vile language and the attacks and
the insults,we do it for you guys.But it's not fun.He asked if the community can get back to the time of
respecting each other and if someone has a difference of opinion, being able to discuss it in a civil manner
instead of attack?Those times are not that long ago. I think we can do it. I hope we can do it.
Seals said it's only been a week since the last Council meeting but they are still talking with the City of
Long Lake about Fire service. I think what Todd was starting to say is completely appropriate to wrap
your minds around. We are going to be in a state no matter where we end up,catching up.When you're
hitting 20 to 25 years we can all agree we probably need to start phasing them out regardless. I'm not
going to claim to tell you what it's going to cost because we're going to wait for Ron(Olson),Adam
(Edwards)and James(Van Eyll)to give us some real numbers.But it is fair to say that, if you look at the
fire departments locally,we've been super-fortunate with great service by great volunteers,but we haven't
funded the equipment the way we need to. That's just the reality of the situation. She said upgrading
equipment may mean buying more second-hand and refurbishing because new equipment ordering is on a
24-to-36-month timeline.I think it's appropriate that Todd gives you a heads up,the numbers are
probably going to be pretty big. She said at no point has it ever been a question of the service the
firefighters are giving. It's how we're supporting them with the right tools,the right equipment. She added
in the final presentation there may be an option that's not anything that has been presented yet. Time will
tell.
Walsh said he would start by again addressing Councilmember Benson's meeting with Brad(Erickson).I
stand by what was told to me about why she had to meet here with them.And regards to the letter that she
wrote last time, I think I talked about that very well,about the lack of credibility when you've already
denigrated the Council in front of other public officials and undermined the staff.And then when you
have an admitted liar with his affidavit that he admits lying to police,it's hard to have anybody say that
they're going to believe an admitted liar. Walsh said he has also visited The Gillespie Center for years for
their annual meeting and it is a fabulous place. We do fund them,and we've made sure to continue to help
funding them for all the different programs that they've got.He said he attended a college planning
presentation offered recently at the high school along with a number of other people in the audience.He
congratulated the Orono High School DECA program which is sending a group of representatives to the
State DECA Conference.He also congratulated the high school boys basketball team who had defeated
Hermantown that afternoon 84 to 82,noting the team will play again on Thursday and if they win that one
they will be in the State Championship game. I'll leave you with another quote. It's from Sir Walter Scott.
"Oh,what a tangled web we weave when first we practice to deceive".
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
MARCH 21,2023
6:00 o'clock p.m.
ADJOURNMENT
Walsh moved, Crosby seconded,to adjourn the meeting at 6:53 p.m.VOTE: Ayes 4,Nays 0.
CLOSED SESSION: ATTORNEY- CLIENT PRIVILEGED DISCUSSION
Walsh asked Council and staff to take a five-minute break to clear the room and then return to
enter into a closed session pursuant to Minnesota Statute Section 13D.05,subdivision 3(b),for a
confidential discussion of strategy and settlement negotiation status in the following matter: Jay
Nygard v. Orono, Case No.023-cv-00509-DWF-DTS.
Attorney Elisa Hatlevig joined the meeting at 7:04 p.m.
(The City Council was in closed session from 7:04 p.m.to 7:20 p.m.)
Walsh moved, Crosby seconded,to close the closed session at 7:20 p.m. VOTE: Ayes 4,Nays 0.
ATTE T:
7 ,
nna Carlson, City Clerk Dennis Walsh,Mayor
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