Loading...
HomeMy WebLinkAbout04-10-2023 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING April 10,2023 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(left the meeting at 6:39 p.m. and returned at 7:40 p.m.),City Council Members Matt Johnson,Alisa Benson, and Victoria Seals.Richard Crosby III was absent. Representing Staff were City Attorney Soren Mattick,City Administrator/Engineer Adam Edwards,Finance Director Ron Olson, Community Development Director Laura Oakden, and Park Director Josh Lemons. Mayor Walsh called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA The agenda was approved by consensus as presented. CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF MARCH 21,2023 2. CLAIMS/BILLS 3. APPROVAL OF GAMBLING LICENSE— —NS ORONO BASEBALLRESOLUTION NO. 7357 4. APPROVAL OF RENTAL LICENSE 5. NEXT WORK SESSION DRAFT AGENDA 6. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH IUOE, LOCAL 49 7. DELEGATED CONTRACT PROCESS(DCP)AGREEMENT WITH MNDOT— RESOLUTION NO.7356 8. WATERMAIN REPLACEMENT PROJECT (22-023)—CHANGE ORDER#2 9. 2023 SANITARY SEWER INSPECTION 10. ADOPTION OF NEW STORM WATER POLLUTION PREVENTION PROGRAM PROJECT#22-029 This item was removed from the Consent Agenda 11. APPOINTMENT OF 2023 SEASONAL EMPLOYEES V2 12. LA23-000003—JOSEPH ULHORN(H+U CONSTRUCTION),200 WAYZATA BLVD. W., CONDITIONAL USE PERMIT—RESOLUTION NO.7358 13. 2023 SEWER REHABILITATION AWARD(23-014) 14. AUTHORIZATION TO ACCEPT BRAD SCHOENHERR RESIGNATION Johnson moved,Benson seconded,to approve the Consent Agenda with Item#10 removed.VOTE: Ayes 4,Nays 0. Page 1 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING April 10,2023 6:00 o'clock p.m. PARKS REPORT 15. APPROVAL OF HACKBERRY MASTER PLAN DESIGN SERVICES Park Director Lemons,reported the Parks Commission has had Hackberry Park on the radar for a while. In 2016 the house at 140 Hackberry Hill which sits in the middle of the park was purchased by the City and the residents given a lifetime estate.The house was just vacated in December,2022. The Park Commission would like to go ahead and start this Master Plan process. Staff is proposing engaging Bolton and Menk to do the Master Plan.Design would take place over the next few years and then construction in 2025. Over the next month and a half,you'll see the Police Department using it for training,you'll see the Fire Department and I believe the final burn is scheduled for May 23. Seals pointed out the City should give plenty of notice about the burn to persons living in the neighborhood. She also said she has had feedback from some residents near the park with ideas for enhancements and concerns about parking and the roads around the park. She asked about plans to get broad feedback from the residents. Lemons said the point of the Master Plan would be to get some concepts of what the City can do with the park.The Park Commission is actively communicating with users of the park and will communicate with neighbors as well.He said once we have that framework for what we would like to see done there,that gives us an opportunity then to engage the public and really refine that plan.Design would happen in next year,2024, so we have some time to receive that feedback. City Administrator Edwards said the road network around the park is not in terrible condition but is starting to creep up on our radar for work. Drainage has been identified as another issue. Part of the reason wanting to do this Master Plan is looking at all those different things that are out there that we would need to incorporate into any kind of project we would do at that park.And that helps us inform and helps the Parks Commission be able to do even more of that public outreach. There are years where we have not been able to use the two T-ball outfields for the majority of the summer season,because they just get soggy and stay soggy. There's been years where we couldn't even mow. Benson said within 1,000 feet or so of the park there are at least 100 homes. She recommended listening first,saying the Park Commission could conduct listening sessions to go into the Master Plan stage with more information from the public.That costs nothing and it's not going to likely take a lot of time.And it also it fosters a lot of good trust and will within the community,she said. Seals said Park Commission members had asked her to recommend that public engagement should be step one and she would also suggest doing it a Park Commission meeting or workshop. Edwards said the City has been talking to the residents and the Orono Baseball Association and the Orono Football Association for a year. It's not like we don't know, one,what's wrong,what the issues are at the park,nor what the potential future needs are at the park.He added that a couple of Parks Commission members have focused for a couple of years on reaching out and having those meetings.We can put that Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING April 10,2023 6:00 o'clock p.m. all together, and then certainly facilitate the Parks Commission, as they do any further outreach they would like to do. Seals said if we delayed this by a month or two,it doesn't really change much. What does it hurt?That was kind of what the Parks Commission asked me to bring up is that they're already starting to do it. Benson asked if the motion could be amended to allow for engagement or a public listening session prior to approval. Johnson said the Council was just being asked to approve funding for the Master Plan and not really direct the timeline. I don't think we need to get too deep into telling them(the Park Commission)what to do,how to do it. I think from our standpoint,we're just approving the expenditure. Walsh said it would be good guidance,just not as a part of the motion.It's probably better to have more information earlier rather than later. Just to Matt's point,the minute we start doing a motion to say,you have to do this, and it's a particular timeframe and it changes,you've got to come all the way back to Council to change that. Edwards said going forward with the Master Plan would not preclude any of that. If this does keep progressing,and you do want to go into some kind of design activity in 2024, we need to be done with this part sometime in 2023,so we can inform those budgetary decisions and be going out for grants and things like that. Benson asked about next steps and the Parks Commission subcommittees. Edwards said the City would let Bolton and Menk know that we now have an agreement with them and have them work with the Parks Commission subcommittee, a standing subcommittee that's been working for about three years. Issues are discussed at the subcommittee level and at Parks work sessions and meetings. Benson said it sounds like there's been a lot of engagement and it's been piecemeal, so there needs to be a time for people to come and gather and really give feedback in one place.But that piece should be coming on the front end. I would question why this landed here if Parks wanted to engage first. Lemons said he and the Parks chair have had many conversations about timing for when the City can have that meeting with the surrounding neighborhood and that is on their agenda.We're not moving into a design phase without having talked to that neighborhood first. Seals said the Commission should get something scheduled and possibly also take advantage of a planned Fire Department pancake breakfast as a place where people would be gathered near Hackberry Park.As long as we take that feedback into the plans,I'm good with it. Edwards said he wanted to clarify that Bolton and Menk would not be coming up with the plan.The City uses their landscape architect team to take the ideas that the Parks Commission and the staff are providing Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING April 10,2023 6:00 o'clock p.m. them.They have the tools to give us nice graphic displays to scale and do some calculations.We use their expertise to tell us well, if you want to build a new baseball field with an ag lime field,this is what the going rate is today. It's meant to be very collaborative,but they have some skills and some software and some tools that we just don't have on our staff.We can say can you show us if we tried to do two baseball fields or a soccer field, for example,what's that look like on this space. Benson asked if Park Commission subcommittees have ever included citizen representatives from the community. Several examples of community involvement on Parks subcommittees were mentioned. Johnson moved, Seals seconded,to approve Hackberry Park Master Plan Design Services.VOTE: Ayes 4, Nays 0. ADDITIONAL PARKS REPORTS Lemons said he had a meeting the next day with Hennepin County cities that work with the tree canopy growth cohort. The meeting will include updates on grant opportunities for cities and information on Arbor Day and Earth Day.He said the City is working on finishing its tree inventory and then will develop a tree management program. Council Members asked about a federal grant program that some cities are using to offer bare root trees inexpensively to residents. Lemons said he is optimist about being able to open the golf course the week of April 17. The park staff finished rebuilding the irrigation satellite boxes over the winter and look forward to an operating irrigation system this year.The golf course also has a new junior league starting.It is anticipated 60 kids will join. There are already 40 signed up. The league is for ages seven to 12. The school district will come in starting next week to have some practices at the golf course and also participate in clean-up. Other upcoming parks activities include the restoration of the grounds at Crystal Bay playground following the playground improvement; spring transitions; installing docks,and doing playground inspections. The Parks Commission is working on supplemental pickleball location after turning down the golf course as a site. The house in Hackberry Park is going to be burned after police and fire use it for training.Lemons said anything of value has been salvaged. Edwards added the departing residents and their family took what they wanted out of the building. Other things that were left such as appliances were removed for Clean-up Day to be re-used by the Salvation Army. 10. ADOPTION OF NEW STORM WATER POLLUTION PREVENTION PROGRAM PROJECT#22-029 Edwards said State permits require the City to update the stormwater pollution prevention program periodically.He presented the finished document that the City has been working on for the past year,plus Exhibit B for information rather than approval as the changes shown will be part of the code revision process. Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING April 10,2023 6:00 o'clock p.m. Benson asked about the significant edits in the section dealing with Construction Site Runoff Control, wondering if standards were being lowered. Edwards explained that document is for information only at this meeting and will be part of future code revisions but will be bringing the City's code in line with state statute and will actually be increasing the standards. Benson moved, Seals seconded,to adopt the new Storm Water Pollution Prevention Program Project#22-029,Exhibit A.VOTE: Ayes 4,Nays 0. COMMUNITY DEVELOPMENT REPORT Community Development Director Oakden said her Department has been busy with land use applications and reviewing nine or ten applications for the Planning Commission. Building Permit activity and phone calls are also ramping up with summer just around the corner. FINANCE REPORT Finance Director Olson presented a slide with building permit information. The first quarter of the year is a slower period and March was a little lower this year than last year,but not a whole lot.He said the City is at 24%of projected revenue 25%of the way through the year which is right on track and slightly ahead of last year. CITY ATTORNEY REPORT Attorney Mattick had nothing to report and said he will cover his topic in the closed session later. CITY ADMINISTRATOR/ENGINEER REPORT Edwards reported the groundbreaking for the new public works facility had taken place that morning. The pipe project approved that evening on the consent agenda will complete the Casco Point area and close out our sewer pipelining efforts in that part of the City.Fox Street,the big project for this year, goes out for bid tomorrow. The City will be taking bids for parking lots about a week later,in the hopes that whoever wins the street project will come in with a good bid on parking lots.Edwards commended the Finance Director and Police Department for the fact that this week the City is switching mobile communications systems over to FirstNet which is a system that works on AT&T infrastructure but is particular to first responders. It will also support City cell phones, cellular iPads,hotspots,all that kind of communication equipment on the same system and save a few$1,000 a year. In response to questions,he said the City only usually knows a few days in advance when road restrictions will come off but he hopes it will be soon. RECESS AND RECONVENE Mayor Walsh recessed the meeting at 6:39 p.m. and left the meeting indicating a family commitment. The meeting was reconvened at 6:42 p.m.by Acting Mayor Seals. Page 5of8 MINUTES OF THE ORONO CITY COUNCIL MEETING April 10,2023 6:00 o'clock p.m. PUBLIC COMMENTS Jay Nygard, 1386 Rest Point Road Orono,Minnesota,I think you guys are a bunch of frickin hypocrites. You're talking Earth Day,when you took away all penalties for trees being cut down in the zero to 75 with your ordinances.How about reinstating the ordinance to protect the lake instead of having little Earth Day conversations and pretending that you're doing something important?Nygard said Edwards had lied repeatedly on Nygard's You Tube stream that morning. Mr.Edwards made three different lies today.First lie,he stated that the City of Orono is not representing Dennis Walsh.But I have,right here, a notice of appearance from a lawyer. He said the notice certifies that an attorney will appear for Dennis Walsh,resident.A second lawyer also notified the court that he would appear for Dennis Walsh,resident, according to Nygard.You said I should get a lawyer because I don't know what I'm talking about.Here's the paperwork. These are two of them.Here's number three.The defendants City of Orono and Dennis Walsh, Orono Mayor in his individual and official capacity. So right here the City of Orono answered for Walsh.The same for Dennis Walsh's private business dealings. This is your tax money these guys are happily shoveling out the door to protect Walsh. This is your money and my money.I'm paying taxes for him to defend himself against me. And the last lie you said today,Mr.Edwards,was that I had never won against the City of Orono.He said in a lawsuit he had specifically won the right for everybody who lives in Orono to harvest the wind. Orono did not appeal that.Yes,I won.The unfortunate part is it appears that you haven't read this at all and I like how you're smirking and smiling,I really do,because it goes to show your character. Brad Erickson,2485 Independence Road. It's unfortunate.Mr. Crosby is not here again tonight.Really, really weird.If he's not fit for the office,then maybe he should just bow out. I want to bring everybody's attention back to what started over a year ago or about a year ago now.I've been coming up here.I've been telling you what's going on. He said he did an FOIA(Freedom of Information Act)request and found that Walsh had been informed about Crosby's association with the Proud Boys by early 2021.He said he just saw a pic posted on Twitter going after an Orono City Council member.Before this blows up, get ahead of it. They are young punk keyboard terrorists. I don't know your City Council Member that they are targeting,but I'm pretty certain he's neither a racist or a white supremacist. You know what?I'm pretty certain he is.You can sit there and smirk all you want and act like you guys are complicit.You know it.There's a lawsuit coming in,it names the City again,because of this clown in the middle. Okay, he wants to go after me. Here's what I would suggest.If you're going to throw shade at somebody,you probably shouldn't use the words of a slave master and child rapist.Does that make any sense to anybody up here?I don't think so. These are your heroes.These are the people you want to emulate. Mr. Crosby comes back from J6. There's an email that goes out from Ron(Olson)here that says you may be contacted by an outside group asking questions about Council Member Crosby.Please do not comment or answer questions. That's what was going on after the J6 stuff.Nobody thinks it's a big deal. Dave Williams, 2055 Webber Hills Road.I got dragged into the sewer when I was here last month,so I apologize for that. But I do want to say that about 10 years ago I was thinking about moving to Minneapolis because I had grown up near there and going to the U and my child had graduated from Orono and I figured it was time maybe to move on.But I'm so glad I did not move to Minneapolis, because I don't think that place is ever coming back.And I'm very glad to be in Orono because of people Page 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING April 10,2023 6:00 o'clock p.m. like yourselves at the City Council and the Mayor. If it were not for you,I think this would start to resemble Minneapolis.And as far as January 6, I'd said this last year, if that had been done by the left, it would have been lauded as the best thing since sliced bread. But because right did it, it's the worst thing in the world. I'd like to speak to Council Member Benson about a comment she made last month,which I thought was highly disingenuous about the police.Because of people like Mr.Erickson I am very thankful that the police are here, and I hope he's armed. I think it was very poorly spoken that taking him away from his job for an hour a month would somehow raise the crime rate. But I just appreciate you guys.I hope you can withstand. There's like three people in the City that are always on Next Door. Unfortunately,it's become very politicized.And that's part of the reason why I'm here as well. So just keep the faith. MAYOR/COUNCIL REPORT Benson noted she was scheduled to be the Council rep to the Planning Commission on April 17 but she would not be able to attend. She and Seals discussed possibly switching for the May meeting.I do have a couple of other points to make tonight. Benson mentioned Earth Day and the City clean-up on April 22 and said she would like to see the City continue to expand this event. She said the Northwest Hennepin League of Municipalities is meeting Wednesday and although she won't be attending to represent Orono she was excited that the newly-elected Hennepin County Sheriff,Dawanna Witt,would be speaking as she is the first black woman to be elected to that position in the State of Minnesota. I regret that I will not have a chance to meet her that night but I look forward to hopefully crossing paths with her in the future. I would like to address the comments that were made just a moment ago with regard to my respect for our Police Department. I believe the comments that I made were intended to show a great deal respect and they came on the heels of a ride-along that I did with one of our officers.And as a former social worker, as somebody who worked closely with the police in my professional career,I have the utmost respect for the men and women who do the work of policing in the City of Orono.I regret if any comments I made at that meeting struck folks the wrong way. That was not my intention. Finally,I would ask that my fellow Council Members consider the great toll that this ongoing situation with Mr.Erickson is taking on our residents and our staff and wider community. My suggestion to engage with the League of Minnesota Cities for no-cost professional mediation is just one possible solution.And without assigning blame,I think it behooves us as the elected officials and representatives of this community to dig deep and consider the fact that we were elected to do the hard work that comes along with City governance. I urge my fellow Council Members to consider the fact that no action is still a choice,it's an action in itself. And while we can't necessarily control what happens at all times,we can certainly have a hand in making the choices that we do as elected officials and working towards a solution. We need not run from difficult work. I urge you, again,to consider alternatives,if those that I presented are not to your liking. Johnson said are you insinuating we're running from difficult work now?I'm not really sure what the point of that statement was. He added he wanted to bring attention that the brush site is now open after a delay due to soft ground. Seals said most of the calls she has received been about Clean-up Day April 22 from 8 a.m.to 2 p.m. She asked about the hours at the brush site. Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING April 10,2023 6:00 o'clock p.m. Edwards said the brush site has new hours and new offerings. He said some activities such as leaf and grass clipping collection and the availability of mulch and compost have been moved from the public works site to the brush site. We're now accepting up to three cubic yards of brush per resident for free after that it's eight bucks a cubic yard. For non-residents it's $8 a cubic yard from the get-go. He said information has gone out in the utility billing and will be on the web site. CLOSED SESSION: ATTORNEY- CLIENT PRIVILEGED DISCUSSION Johnson moved,Benson seconded,to enter into closed session at 6:59 p.m.,as permitted by Section 13D.05, Subd.3(a)to discuss litigation strategy regarding Lake Minnetonka Real Estate II,LLC vs. City of Orono.VOTE: Ayes 3,Nays 0. Walsh rejoined the meeting at 7:40 p.m. (The City Council was in closed session from 6:59 p.m. to 7:58 p.m.) Seals moved,Johnson seconded,to reopen the Orono City Council meeting at 7:58 p.m. VOTE: Ayes 4,Nays 0. ADJOURNMENT Johnson moved,Seals seconded,to adjourn the meeting at 7:59 p.m.VOTE: Ayes 4,Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh,Mayor Page 8 of 8