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HomeMy WebLinkAbout01-08-1990 Council Minutes• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 8, 1990 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, Peterson and Callahan. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, Police Chief Kilbo, City Attorney Barrett, and City Recorder Scheffler. CERTIFICATE OF ACHIEVEMENT /FINANCIAL REPORTING Mayor Grabek announced that the City of Orono had been awarded the GFOA's Certificate of Excellence in Financial Reporting for the year 1988. Bernhardson indicated that Finance Director Kuehn would be present when the engraved plaque was received for presentation. The certificate is from the Government Finance Officer Association as Orono has met the standards for the second year in a row for financial reporting. Congratulations were extended, not only to Tom Kuehn and the Finance Department, but to the City organization as a whole, including the City Council. • VIRGINIA SWEATT RECOGNITION Mayor Grabek asked Ms. Sweatt informed the audience she would be Commission after 10 years of service. resignation with great appreciation volunteered. Mayor Grabek presented M appreciation. to step forward and he resigning from the Park Mayor Grabek accepted her for all of the time she s. Sweatt with a letter of CONSENT AGENDA* Councilmember Peterson requested that item #18 be removed from the Consent Agenda. Councilmember Goetten said, "because of my concern about this ordinance, item #24, Public Use of Private Roads, since that is an amendment, I feel that we need to be looking at an overall ordinance, as I have said in the past. I cannot approve that, although on the whole, I will be happy to approve the consent agenda ". It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Consent Agenda with the exception of Item #18, which was removed and discussed in the order it appears on the agenda, and with Councilmember Goetten's comments relative to Item #24 duly noted. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Minutes of the December 11, 1989 Regular Council Meeting. 1 • MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 PARR COMMISSION COMMENTS: PARR DEDICATION FEE REVIEW Mr. Phil Bradley, Chairman of the Park Commission, said "Mr. Mayor, Members of the Council, you have the report of the Park Commission recommending change in formula and an increase in the Park Dedication fee schedule. The Park Commission has worked on this for over a year. They have studied other communities' methods of assessing this fee and we have come to the conclusion that the Orono formula ought to be changed so that we have an indexing system for inflation and a system that will generate funds. We are beginning to see the need for park improvements, park programs and development forthcoming ". Mr. Bradley introduced Dick Flint, the author of the report, and Mr. Jim Gilbert who drafted the language of the amendment. Councilmember Goetten said, "I certainly appreciate the efforts of the Park Commission in this direction. We have needed something like this for a long time ". Goetten had questions concerning the multi - residential figures. Bernhardson replied, "The current ordinance has a ratio of unit per 5 acres, which is the .20. The new formula uses a per • building basis ". Councilmember Goetten asked if the Park Commission would give the Council some direction or improvement plan for parks and bike /hike trails with the money generated from the Park Fees? Mr. Flint replied, "There is no plan today, it needs a comprehensive, overall plan. There is not enough money in the City of Orono to put the whole bike /hike trail that you have seen in the conceptual stages. Our plan would be to come up with a specific proposal and do it step by step. We definitely will do that, and couldn't, if we wanted to, go ahead without Council approval ". Councilmember Goetten said her only other concern is that she believes the 10% figure is a little high. Goetten asked about phasing in the increase over a period of years. Mr. Flint replied, "We don't have a projection as to how many dollars the 10% would raise. That (the 10% figure) came from looking at other ordinances in different cities. It was clear from an early evaluation that we were woefully inadequate, compared to what other cities are doing. We looked at what the norm was and it runs from 7% to 10 %. We picked the high side which seemed to be the most common among the cities that we looked at; 5% would be a vast step forward from where we are now and it would be possible to phase it in at 5% the first year, 6% the second year, etc. We are less hung up with the specific 10 %, than we were with the need to change and to have a higher fee than we have now ". 2 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 PARR DEDICATION FEES CONTINUED 1 • Councilmember Callahan questioned whether using the fair market value was the most satisfactory way to proceed? Mr. Flint said, "Obviously the taxes that we assess every year are based on fair market value. Frankly, the staff favored the existing system where you just pull a number off based on the number of units and the size of the lots. There were two reasons for going with the percentage approach. One was that seemed to be the most common approach that was used by the other cities, and the second was that it automatically adjusts for inflation. I think that it is more difficult to administer because fair market values are in the eye of the beholder. However, we do assess our taxes, City -wide, based on fair market value every year. Callahan said, "I wasn't thinking of it in that sense. The tax assessment, we don't do; some professional does it and it is set. It does open up, the way that it is now proposed, a fight about the fair market value every time someone wants to subdivide. I was wondering whether the Park Commission felt it would come out just as well if it were, say, 10% of the taxed value or some other method ". Mr. Flint reiterated that fair market value is most commonly used. • Callahan asked whether it would be the fair market value before or after development occurred? Mr. Flint replied, "It is basically before the development because of the costs that go into development, such as streets, sewer, etc. However, it is taking the development into account. In other words, that 10 acres in a back lot out behind someone's farm is worth less than 10 acres that are centrally located and has a higher value for potential development ". Mr. Alan Carlson, 3125 Fox Street, said that he is a resident of Orono and a person involved in the subdivision process. Mr. Carlson said that he had some comments from both perspectives. He thanked the Park Commission for the time they put into drafting this and he thanked City staff for their efforts. Mr. Carlson said, "I agree with the recommendation that the fee (Park fee) should be increased, the fees are probably too low and Orono certainly should have a good park system. However, I don't think that from this material that we know, or that the Council knows what the right fee is. I would like to suggest that the matter be tabled for some specific fact finding on that right fee. As Diann said, we can't say that 10% is the right fee. I would like to suggest 3 things in connection with that: is One, from my review of the materials, I believe that the fee schedule will develop much more money than is projected in the materials submitted by the Park Commission. Also, I do not think 3 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 • PARR DEDICATION FEES CONTINUED that we have any finding showing how much is needed. As far as the money that would be a developers concern, what somebody did was to analyze what the fee would be under our present system and what it would be under the 10% system. As Mr. Flint indicated, 10% is apparently 10% of the value at the time of preliminary plat application, taking into account its value at subdivision. So, its an amorphous position, it's not the prior tax value, and it's not what it will be after the roads go in, it's what it is taking into account the fact that it's about to be turned into something like a 17 -lot subdivision. It's going to cause a bit of a problem with the Council having to come up with that value. It seems that some other cities have taken care of that procedure. So assuming we can get by that, the issue is how much money will that generate. What the Park Commission did is look at the old value and then looked at 4 recent subdivisions. I would suggest, from being involved with the last two major transactions in the City, involving large parcels of land, that these values that were placed on these 4 subdivisions are far too low. They are low by a factor of 3 or 4. As they (the Park Commission) note here, in one case, the old fee would have been $1,000.00 and would go to $18,000.00. In another case it goes from $1,000 to $8,000, from $2,000 to $11,000, and from $1,200 to $5,000.00. I suggest from my knowledge of the values of these • properties, that if the Park Commission would have had a chance to talk to a few people involved in this, you will find that these values are far in excess of what they thought they were. You are going to generate perhaps 3 or 4 times more money than you thought you were. For example, there was one property in Orono, Foxbend, that recently paid their fee, I imagine they paid $3,400.00. I would suggest that under the 10% fee, they would have paid about $100,000.00. This is a huge increase, and I think that you should take into account the fact that 10% is probably going to develop a lot more money than the Park Commission thought it would develop. I'm not sure that we need that kind of money. I would like to see some kind of information on how we are going to use this kind of money and how much is needed before I would want to see us take that kind of money from the residents. Point two I would make is that I think that it is in fact Orono residents who will be paying this fee and I think that there should be some kind of Public Hearing on that point. When there is a subdivision, that lot price that has been arrived at is rather inflexible. There is only a certain range of prices that the consumers will pay, and as a consequence, the fee gets moved back down to the property owner. It gets moved to the guy in Orono who owns that property and that's true whether the fellow who owns it is going to subdivide it himself or if he is going to sell it to a developer. The developer is going to take a look at what the public is going to pay for the lot and he • decides what his risks are, how much he has to buy the property for in order to come out right. So, once again, it's that Orono property owner who is going to pay that fee. I suggest that it is the property owners in fact that own the 2 -acre or 5 -acre 4 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 PARR DEDICATION FEES CONTINUED ` • zoned properties that are really going to pay for this. I think that it is only fair that there be a public hearing on this issue. Lastly, because I am presently involved in the subdivision process, I would like to ask the Park Commission to look at whether there should be some provision for the people who are already involved in the application process. I think that they should be dealt fairly with because they made economic decisions. They bought the property based upon the assumption of what the fees would be at that time. I think we ought to take them into account before we prescribed a different fee to them. To summarize, I would like to recommend that there a tabling to take a look at the amount that the fee really should be, whether it's 10% or something else and how that can be fairly dealt with for the person who has already made an application ". Mayor Grabek thanked Mr. Carlson for his observations. Mr. Flint agreed with the three points made by Mr. Carlson. He agreed that the 10% could raise more revenues than indicated in their memo. Mr. Flint agreed that a public hearing should be held. In regard to providing for those persons already involved in the development process, Mr. Flint believed it would be • difficult to determine a cut -off point. Mr. Flint commented, "that whenever you raise the fee, there will always be those who got in under the wire, versus those who are coming up. I think it is a difficult issue and I think if we try to address how far in the process, there is always going to be a line." Mr. Flint thought Councilmember Goetten's suggestion to phase this increase in would allow enough notice to developers. Mayor Grabek thought that we need to address this as quickly and equitably as possible. Mayor Grabek suggested tabling the item until some time in February. Councilmember Goetten asked Mayor Grabek about scheduling a public hearing. Mayor Grabek replied that he would like to properly publicize this matter and leave room for discussion during a regular Council meeting for this topic. Councilmember Nettles questioned whether any of the other cities that do this wait until there is an actual sale of property before determining the park fee. Bernhardson thought that when there is a sale, that may be the process, but there are many times there is no sale of • property prior to subdivision. Mayor Grabek reiterated that we ought to move quickly and 5 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 • PARR DEDICATION FEES CONTINUED get this out to persons in a public forum so we can address the topic with the citizens and then set a date so we can accomplish the increase in fees. Bernhardson suggested bringing responses to the questions raised tonight back in one month and following that, set up a meeting date. Councilmember Callahan suggested designating a specific date as to when the fees are expected to increase to provide adequate notice to developers that this will occur. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this item with direction to staff to address this in a timely fashion and also to publicize that an increase will occur. Motion, Ayes =5, Nays =O, Motion passed. PLANNING COMMISSION COMMENTS There was no Planning Commission Representative designated for this meeting. PUBLIC COMMENTS There were no public comments. • ZONING ADMINISTRATOR'S REPORT: #1452 WALTER PEMBERTON 1720 SHADYWOOD ROAD VARIANCE Mr. and Mrs. Pemberton were present for this matter. Bernhardson provided a brief review of this application for the Council and Mayor Grabek. Bernhardson said that the applicants are now proposing to reduce hardcover in the 0 -75' setback zone to 19.9 %. The Pembertons also propose to reduce hardcover in the 75 -250' zone to 45.9 %. Mayor Grabek said, "this is a very tough situation. In my mind, it brings me back to a person with a deck that was 9" beyond the setback line and we had difficulty with that one ". Mayor Grabek asked the Council for their comments. Councilmember Nettles said, "I think this shows a lot of good faith on their part to bring it (the hardcover) down. It is a tough situation to grant in order to be totally consistent, but one of our goals is met to the extent that we do reduce hardcover in the areas we would like it reduced. Presumably, if we don't go along with it, we won't get this good result. 40 Councilmember Goetten said that the hardcover on the property far exceeds what is allowed. Goetten felt that she could not approve this request and asked that the City take a comprehensive look at building over decks. Goetten said, "We are 0 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 ZONING FILE #1452 - PEMBERTON CONTINUED ` • going to have to stand up and be counted on something like this. Are we going to allow people to build over a deck in the 0 -75 ?" Goetten further said to Mr. and Mrs. Pembertons, "You buy property, and you have these existing situations and sometimes you are just not able to do the kinds of things that you might like to do with a substandard piece of property. This is substandard; this is lakeshore ". Mayor Grabek said that he could not disagree with Goetten and that the concern of covering over decks is often relayed to an applicant when approval for a deck is given. Grabek said "My only concern with this one, as with the other one, is that it is not someone wanting to add on the entire deck, it's squaring off a room ". Grabek said that he has trouble with these when the applicants work with the City in alleviating hardcover concerns. Bernhardson posed a hypothetical question of whether the Council would allow this application if the deck did not exist. The general consensus was no. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to allow the variance for the 95 s.f., provided that all of the hardcover proposed to be removed, is removed and so • verified by staff. Nettles said that he had previously voted against this and had been prepared to vote no again. He felt, however, the applicants had made significant changes in terms of accomplishing what he considered to be the more important of two goals. Mayor Grabek asked that there be strong language included in the resolution prohibiting any additional building in the 0- 75' setback area and an explanation of the pre- existing deck. Councilmember Peterson asked whether or not the Pembertons would still consider removing the deck? Mr. Pemberton replied that he would prefer not to. Motion, Ayes -2, Goetten, Peterson and Callahan, Nay, Motion failed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to conceptually deny this application and direct staff to prepare a resolution of denial for the January 22, 1990 Council Meeting. Motion, Ayes -3, Grabek, Nettles, Nay, Motion passed. #1468 GEORGE PILLSBURY 1300 BRACRETTS POINT ROAD VARIANCES/ CONDITIONAL USE PERMIT Mr. and Mrs. Pillsbury were present for this application, as were Mr. Herb Baldwin, Landscape Architect, Mr. Thomas Meyer, Architect and Mr. Bob Mitchell, Attorney. City Administrator Bernhardson explained that this • application involved the approval of variances to construct a greenhouse and a conditional use permit to do minor grading of the lakeshore bank. Bernhardson said, "Since this matter was 7 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 ZONING FILE #1468- PILLSBURY CONTINUED before the Planning Commission, the applicants have revised their proposal so as to decrease hardcover further to 5.5 %. Gaffron showed a sketch of the proposal. Gaffron said that the City Engineer has reviewed the preliminary grading plan and has indicated that the proposal is appropriate. Gaffron also noted that one corner of the greenhouse will be 58.5' from the shoreline and that a corner of the existing house is located 57' from the shoreline. Gaffron said that the drainage system being proposed is unique. Mr. Mitchell explained that the Pillsburys have revised their initial plan twice in an effort to work with the City and reduce the size of the addition. Mr. Mitchell said that the paving stones proposed for removal have always been included in the hardcover calculations. Mr. Mitchell said, "the situation here, in terms of the requests are primarily for variances. Variances, as you know, we frequently talk in terms of a hardship, but when you break down the elements of the hardship they are considered to be: to look for unique qualities, property rights of the applicant that you are preserving, to look for adverse or no adverse effects on the neighbors, to look for comprehensive plan violations and whether the applicant has created the situation which is required to be varied from ". Mr. • Mitchell said that there are facts in this application relative to those elements that in combination make a hardship. In this case there is an unusual situation because the lot is 50% larger than the required minimum. The percentage of hardcover in the two zones further from the lake is vastly less than that which is allowed. Mr. Mitchell noted that the Planning Commission had voted 5 to 2 in favor of this application without the recent revision to remove the paving stones. Mr. Pillsbury said, "we really think that we are doing something that people who live around the lake want done and that is to reduce the runoff. The minor addition really fits in with the scheme of the house ". Councilmember Callahan questioned whether the conditional use permit was separate from the application for the greenhouse? Gaffron replied that there is only one application with two facets. Gaffron asked the Pillsburys whether they would proceed with the shoreline restoration if the greenhouse were denied? Mr. Pillsbury said they would not let the bank roll into the lake, but he did not know whether they would proceed to the degree now proposed. Mr. Pillsbury said that they probably would not remove the paving stones if the addition was not approved. • Mrs. Pillsbury noted that the existing hedge along the bank is falling into the lake and something will have to be done. It was moved by Mayor Grabek, seconded by Councilmember D 14INUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 ZONING FILE #1468- PILLSBURY CONTINUED • Nettles, to approve the hardcover, setback, and average lakeshore setback variances and the conditional use permit for the Pillsburys. Councilmember Goetten indicated that she would support the conditional use portion of this application. Goetten said that she had to be consistent, however, and has never approved any new hardcover within the 0 -75' setback zone. Goetten said that she could see no real hardship for the greenhouse and questioned if it could be located elsewhere. Goetten said that she tries to be fair, but feels this would be precedent setting if approved. Councilmember Callahan said that the characteristics of the lot are such that a hardship is not difficult to find. Callahan said that he too, however, must be consistent and could not vote favorably for new structure within 0 -75' of the lake. Motion, Ayes -2, Goetten, Peterson, Callahan, Nay, Motion failed. Mr. Mitchell said that there is no other location for the greenhouse that would remove it entirely from the 0 -75' zone because of the location of the house. Mayor Grabek said that the Council cannot tell the Pillsburys where to locate the greenhouse other than a location out of the 0 -75' setback area. Mr. Baldwin said that one of the problems with locating the • greenhouse elsewhere is that the plant material the Pillsburys wish to culture requires exposure provided in the location proposed. Mr. Baldwin said that the best exposure would occur if the greenhouse were located more to the east. However, in that location, there would be further encroachment into the 0 -75' setback zone. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to direct staff to prepare a resolution of denial of the structure addition while incorporating approval of the retaining wall work. Motion, Ayes -3, Grabek, Nettles, Nay, Motion passed. #1480 ED TOTH 725 OLD CRYSTAL BAY ROAD SOUTH VACATION/VARIANCES RESOLUTION OF DENIAL #2744* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2744, denying a 0.9' side setback variance for a proposed deck addition at 2811 Farview Lane. Motion, Ayes -5, Nays -0, Motion passed. ENGINEER'S REPORT: HIGHWAY 12 SEWER AND WATER PAYMENT* It was moved by Councilmember Nettles, seconded by • Councilmember Peterson, to approve payment request #2 for Albrecht Excavating, Inc., in the amount of $59,418.59. Motion, Ayes -5, Nays -0, Motion passed. 0 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 • MAYOR /COUNCIL REPORT: 1990 APPOINTMENTS - RESOLUTION #2745 It was moved by Mayor Grabek, seconded by Councilmember Nettles, to appoint Councilmember Callahan to serve as Acting Mayor for the year 1990. Councilmember Peterson indicated that she would like to see this position rotated annually. Councilmember Goetten concurred with Peterson and said that she was going to nominate Councilmember Peterson for that position. Goetten said that Councilmember Peterson has given over a dozen years of service to this City and that she has developed into an excellent Councilperson. Peterson thanked Goetten. Motion, Ayes -3, Goetten, Peterson, Nay, Motion passed. Bernhardson informed the Council and Mayor Grabek that Tim Adams has indicated he no longer wishes to serve on the Lake Minnetonka Cable Communication Commission. Mayor Grabek agreed to be an alternate. Councilmember Nettles indicated that he would serve as a representative rather than an alternate. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to appoint Barbara Peterson and Alan Nettles to serve on the Lake Minnetonka Cable Communication Commission with Mayor Grabek as an alternate. Motion, Ayes -5, Nays -0, Motion passed. • Councilmember Peterson questioned what we are going to do about the medical firm? Bernhardson said that the City will no longer designate a medical firm. Councilmember Callahan noted that we are in the process of evaluating the Engineering Firm. Bernhardson said that appointment could be delayed if the Council preferred. Callahan said that he would prefer to have the appointment made as soon as possible. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adopt Resolution #2745, setting forth the appointments for 1990. Councilmember Callahan suggested that direction to staff to have the Engineering Firm review completed in February be included in the Motion. Nettles amended his motion to that effect, seconded by Mayor Grabek, Motion, Ayes -5, Nays -0, Motion passed. CITY ADMINISTRATOR'S REPORT: • CANINE PROGRAM Bernhardson presented information to the Council and Mayor Grabek which addressed their previous questions and concerns. 10 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 CANINE PROGRAM CONTINUED • Councilmember Peterson indicated that she would approve this because most police departments lacked positive public relations. Peterson thought that this program would be helpful in that regard. Peterson said that she is concerned that the 3 -year commitment may not be long enough. Peterson asked Chief Kilbo how the 3 -year period was determined? Kilbo replied it was more or less pulled out of the air. Kilbo believed that to be a reasonable period of time and suggested that if Officer Fischenich commits for 3 years, he may commit longer. Councilmember Goetten said that she has still not seen a real need demonstrated for this program. Goetten hoped that, if approved, there would regular progress reports on this program. Goetten also noted that she believed there were other programs and concerns that take priority over the canine program that have not been addressed as expeditiously. Councilmember Nettles asked Chief Kilbo if there is an increase in efficiency and /or safety when using a canine unit? Chief Kilbo replied, "very definitely. Animals have senses much more developed than humans. They are also a little • bit cheaper than human life so they are a definite asset in searching a building or looking for suspects ". Kilbo added that a canine unit provides the ability to search for lost people. A dog can cover the area equivalent of two or three officers and will enhance the patrol officer's instincts. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the proposal of the canine program for Orono. Motion, Ayes -4, Goetten, Nay, Motion passed. Councilmember Peterson asked Kilbo when the dog received its name? Kilbo said that normally the officer and /or the trainer name the dog. Peterson suggested having a contest among the school children to name the dog if it was not already named. Mayor Grabek and the Council approved of that idea. EMPLOYEE RECOGNITION PROGRAM /CITY LOGO Bernhardson said that he wanted to see if the Council was interested in developing a new City logo? The Council and Mayor Grabek agreed that the City needed a • new logo and suggested a competition. Bernhardson suggested a City -wide competition including the schools. 11 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 EMPLOYEE RECOGNITION PROGRAM /CITY LOGO CONTINUED Councilmember Nettles asked what prize would be awarded for the winner? Bernhardson said that staff would work out the details involved with the competition, including the judges and award. This being an informational item, there was no motion. COMPENSATION INCENTIVE PROGRAM Bernhardson said that he is presenting the Council with a preliminary layout of some of the concepts of a compensation program and asked for conceptual ideas for an incentive program. Mayor Grabek thought there should be some kind of compensation program. Mayor Grabek said that a time frame for discussing a program should be established if the Council agrees such a program is needed. The Council agreed to establish June 1, 1990 to have some form of commitment and vote regarding a compensation program. LIEUTENANT SELECTION Bernhardson informed the Council and Mayor Grabek that he is recommending Mark Fritzler for the position of third Lieutenant. Councilmember Peterson asked whether the second Lieutenant had undergone a psychological exam as is being proposed for Fritzler? She felt it only fair that if the first Lieutenant had a psychological exam that all of the Lieutenants have the exam. Chief Kilbo said that he would like to ask the City Attorney to see if we can do that under the current rules. Kilbo said that there had been a change in State Law which now required an employer to offer a job to a perspective employee before asking him /her to undergo specific exams. Peterson recollected that after some discussion, it was agreed that the second Lieutenant would have the testing done. Bernhardson said that the psychological exam was not part of the process set up when the second Lieutenant was hired. Mayor Grabek expressed his concerns about offending the person that has been performing well in their new position. Grabek said he is not opposed to having second Lieutenant take the exam if he agrees to do it. If he declines to do it, then we have a problem. Councilmember Nettles said, "the Chief's point is well •taken. It seems to me that we might be adding another qualification to employment that we wouldn't have had when he first came through the portal and I don't know if we can do that. I would like the City Attorney's opinion on that, because if it (the test) did come back... and we had to let him go because he 12 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 LIEUTENANT SELECTION CONTINUED ` • did not pass the evaluation, then I would suppose we would have a problem with him saying that this was not a qualification at the time and we are imposing it retroactively. City Attorney Barrett said "my first impression is that you have such broad discretion, generally, in these probationary periods that your decision to impose another hurdle might well be reasonable. In other words, you can, on a discretionary basis decide not to employ them without a hearing, without good cause and all the other business because they are not yet vested in their position. I don't want to be held to that until I have an opinion ". Mayor Grabek suggested leaving this decision up to the Chief and City Administrator. Councilmember Peterson asked whether it was standard to have an applicant take a psychological test? Kilbo replied that from an initial hiring standpoint, under POST rules, you must have a psychological examination. Kilbo said that it is not required for promotions. Peterson said that at the time the second Lieutenant was to • be hired, there was discussion about having him take a psychological exam and she wanted to know if it had been done. Bernhardson replied that there was discussion about making the exam part of the process. However, due to the fact that psychological testing had just previously been done on all the candidates, a decision was made not to include it. Bernhardson said that almost another year has lapsed since those exams were done which is why we are including it for the third Lieutenant position. Bernhardson said that no consideration was given to going back and asking the second Lieutenant to take the exam, but it can be considered if that is the Council's preference. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to appoint Mark Fritzler to the third Lieutenant position effective February 1, 1990. Councilmember Goetten asked that there be a review in 6 months, before the end of the probationary period. Peterson asked if there was going to be a problem due to the positions recently vacated and Officer Fritzler's promotion? Kilbo said that the detective training program is definitely off due to the resignations, not the third Lieutenant position. Bernhardson said that interviewing will begin tomorrow for the vacant positions. Motion, Ayes -5, Nays -0, Motion passed. TELEPHONE SYSTEM ACQUISITION • City Administrator Bernhardson explained that he is presenting the proposal for a new phone system. Bernhardson said that the recommendation is not for the company with the lowest 13 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 • TELEPHONE SYSTEM CONTINUED offer. The recommendation is for the Premier System through Telephone Specialists because their price is lower overall when considering an eventual move of the equipment to a new facility. Bernhardson also noted that the Premier System is more sophisticated than the least expensive system. Councilmember Goetten commented that a new phone system is needed. Mayor Grabek pointed out that a system should be selected to meet our expansion needs and suggested looking at performance, not just dollars. Bernhardson commented that those factors were considered and the system being recommended is more flexible than the others. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the new telephone system acquisition, per staff recommendation. Motion, Ayes -5, Nays -0, Motion passed. LONGEVITY PAY STEP - OFFICER JAMES CORNICK* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to increase Officer James Cornick's • salary from $16.24 per hour to $16.727 per hour based on the 1989 labor contract, effective January 2, 1990. Motion, Ayes -5, Nays - 0, Motion passed. TAX FORFEIT PROPERTIES* RESOLUTION #2746 - PUBLIC SALE RESOLUTION #2747 - PUBLIC USE It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2746, releasing tax forfeit parcel for public sale and Resolution #2747, requesting conveyance of parcel for public use by the City of Orono. Motion, Ayes -5, Nays -0, Motion passed. POLICE CAR ACQUISITION Councilmember Peterson asked whether the new squad cars would be equipped with the "tilt steering" feature? Chief Kilbo replied that tilt steering is a standard feature. Bernhardson noted that the City is considering changing the color of the police vehicles to white. Bernhardson said the change is necessary because it is difficult to match the blue color, if it is available at all. • Kilbo added that there are only 5 standard colors: White, black, red, and two tones of brown. Any other color is an extra charge. The blue color now offered by Ford is $57.00 per car extra and two -tone is $187.00 extra. Kilbo showed an example of the markings that will be on the cars. 14 MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 POLICE CAR ACQUISITION CONTINUED ` is Mayor Grabek said that he wanted to see the words, "Police" and. "Orono" as large as possible. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the purchase of three squad cars as budgeted. Bid award under Hennepin County Contract 1139A9 -232 is to Farmington Ford - Mercury with a total purchase price not to exceed $39,054.00 less $11,500 estimated trade -in. Budgeted figure of $30,800 includes change over of squads. COMPENSATION ADJUSTMENT AND FINAL PAY - OFFICER SCHAUSS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve salary adjustment for Officer Schauss from $12.992 per hour 1st year officer to $14.619 per hour 2nd year officer level (1989 salary rate), effective October 26, 1989. Motion, Ayes -5, Nays -0, Motion passed RESIGNATION - SCOTT RUYPER AND CHARLES SCHAUSS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the resignation of Charles Schauss and authorize staff to seek a replacement with staff to bring back the nominee for approval to employ. Motion, Ayes -5, Nays -0, Motion passed. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the resignation of Scott Ruyper and authorize staff to seek a replacement with staff to bring back the nominee for approval to employ. Motion, Ayes -5, Nays -0, Motion passed. WELL LICENSES /PERMITS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the information provided in regard to the elimination of well permitting authority. Motion, Ayes -5, Nays -0, Motion passed. ADJUSTMENTS TO 1989 BUDGET* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve as presented the adjustments to the 1989 General Fund department budget and from use of fund balance and result in an increase in the total 1989 budget of $2,401,890, bringing the toal to $5,122,550. Further to approve adjustments for the Improvement and Equipment Outlay Fund and the Building Outlay Fund as presented with the increases to be financed by use of available revenues of fund balances as required. Motion, Ayes -5, Nays -0, Motion passed. END OF YEAR TRANSFERS AND LOAN PAYMENTS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, that the interfund operating transfers, • loan payments and special assessments payments on City property be approved as proposed, effective December 31, 1989. Motion, Ayes -5, Nays -0, Motion passed. 15 i.' MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 • PUBLIC USE OF PRIVATE ROADS ORDINANCE AMENDMENT 77, SECOND SERIES* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Ordinance #77, Second Series regarding the public use of private roads as presented. Motion, Ayes -4, Goetten, Nay, due to her reasons previously stated and noted in the approval of the Consent Agenda. Motion passed. 41 1988 FINANCIAL HEALTH PROFILE* It was moved by Councilmember Nettles, seconded by Councimember Peterson, to accept the information pertaining to the Financial Health Profile for the City of Orono, years ended December 31, 1984 through 1988. Motion, Ayes -5, Nays -0, Motion passed. REQUEST TO RE -ISSUE CERTIFICATE FOR 1985 G.O. BOND ISSUE RESOLUTION #2748* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2748, Authorizing the Issuance of a Duplicate Certificate and Payment of Interest on for Bond Numbered R -113 of the City's General Obligation Improvement Bonds of 1985. Motion, Ayes -5, Nays -0, Motion passed. STUBBS BAY SEWER AREA MEETING DATE* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to reschedule the Stubb's Bay Sewer meeting for January 30, 1990, at 7:00 P.M. at the High School Theater. Motion, Ayes -5, Nays -0, Motion passed. ADMINISTRATOR'S INFORMATION It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Art Center; 1950 Shoreline Drive; 1972 Shadywood Road; Lake Minnetonka Park Lawsuit; 3536 Lyric Avenue; DARE Program; October /November Receipts & Disbursements; Wire Transfers; and Goals and Objectives. Motion, Ayes -5, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett had no report. LICENSES* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the following licenses: Residential Kennel: Alan Cornelius 370 Leaf Street D. Brian & Cathy Fulmer 3505 Wayzata Blvd. Motion, Ayes =5, Nays =O, Motion passed. 16 j*.i e MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990 BILLS* t • It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes =5, Nays =O, Motion passed. EXECUTIVE SESSION - 8:57 P.M. Mayor Grabek requested that the Council go into an executive session at 8:57 p.m. ADJOURNMENT 9:11 P.M. It was moved by Mayor Grabek, seconded by Councilmember Peterson to adjourn the Regular Council Meeting at 9:11 p.m. Motion, Ayes =5, Nays =O, Motion passed. 17 James R. Gra k, Mayor Edward J. llahan Jr., Acting Mayor 9