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HomeMy WebLinkAbout07-25-1994 Council Minutes11 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour. The following represented staff: City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, City Attorney Thomas Barrett, Public Works Director John Gerhardson, City Engineer Glenn Cook and Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:30 p.m. ( #1) CONSENT Jabbour requested that Item #5 be added to the Consent Agenda. Kelley added Items #7, 9 and 11. City Administrator Moorse removed Item #3. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. ( * #2) APPROVAL OF THE MINUTES - REGULAR MEETING OF JULY 11, 1994 It was moved by Jabbour, seconded by Goetten, to adopt the minutes of the Regular Meeting of July 11, 1994. Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Robert Howells was present and had no comments. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS There were no comments from the public. POLICE CHIEF REPORT Chief Sullivan distributed a "Calls for Service" summary report for the first 6 months of 1994, which indicated a 29.6% increase in activity attributed to traffic enforcement and a general increase in activity. Chief Sullivan invited councilmembers and the public to an open house to be held at the Orono Police Department on Tuesday, August 2, 1994 from 6:00 p.m. - 9:00 p.m. promoting neighborhood cooperation against crime. This event is called "America's Night Out Against Crime". It is the eleventh year of this national program with Orono participating for the first time this year. The North Tonka Crime Prevention Coalition will provide refreshments and be available for questions. The police reserves will be available to conduct tours. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 • POLICE CHIEF REPORT (CONTINUED) Mayor Callahan questioned the amount of time needed to conduct interviews for the two part- time officer positions. Chief Sullivan confirmed it would take 4 days for 3 officers to conduct the initial interviews at an average of $20.00 per hour per officer. Chief Sullivan stated the amount of time required was due to an effort to include more female applicants in the process, which increased the number of interviewees. Hurr also questioned the efficiency of the interviewing process. She suggested a woman and citizen be included in the final interview process. Jabbour felt there should be a better philosophy and policy established with input from the contract cities so they feel the police department is as much theirs as Orono's. Goetten thought it would be beneficial for Chief Sullivan to provide information on the process that is followed for hiring officers. Chief Sullivan agreed to provide an information packet for Council's review on what has been done and why. City Administrator Moorse agreed there should be further input regarding the hiring process such as concerns of the contract cities, whether citizens and contract cities should be involved in the hiring process and how much effort should be spent on diversity. Mayor Callahan stated there had been work sessions regarding the operation of the police department and felt that if there was any disagreement, it should have already been discussed. Kelley agreed Council may be trying to micro - manage the police department. There are policies is established by the City and the Police Department and if there were problems, changes should be discussed and made. Hurr stated the current policy would be in effect for hiring for the next two years, at which time she may no longer be on the Council. She did not think it was too late to add a citizen to the final interview process. She suggested the Prosecuting City Attorney, Desyl Peterson, who is an Orono resident as well as a female. It was moved by Hurr, seconded by Goetten, that there be a three person panel including a citizen to make the final recommendation to the Council for hiring two new part-time police officers. Jabbour continued discussion, agreeing with the general philosophy of including the contract cities and citizens in the interview process, but questioned if it could be changed at this time. It was moved by Jabbour, seconded by Callahan, to table further discussion of this issue until a later time. Ayes 3, nays 2. Hurr and Goetten were opposed. Chief Sullivan explained the process that is being followed to select three corporals. Seven officers have submitted a letter of intent and resumes. The City Administrator and Police Chief will interview these officers. There will be a recommendation made to Council regarding the appointments to the corporal positions. 2 40 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD • JULY 25, 1994 POLICE CHIEF REPORT (CONTINUED) Kelly asked if Chief Sullivan had already communicated to the officers the possibility of reorganization with three corporals. Chief Sullivan responded he had been told that it was his responsibility to submit a reorganizational plan. He understood that Council wanted to know which people would be filling the corporal roles. Kelley would have preferred to see the reorganizational plan prior to informing the officers. He suggested providing Council with the plan before any further interviewing takes place. Hurr concurred. Jabbour felt the contract cities should also be included since they have the right to be involved in a reorganizational decision. Mayor Callahan recalled that the Chief was going to make a recommendation. He agreed that there should be some discussion with the contract cities but felt that Orono was running the police department and contracting their services out so it should not matter how many corporals, etc. there were. Hurr stated the consensus of the Council was that they wanted to see a plan for the police department before proceeding any further. Mayor Callahan and Moorse indicated there had been discussions with Spring Park about the possibility of some reorganization and additional officers during the process of completing the police service contract. • Kelley asked Chief Sullivan when the plan would be ready. Chief Sullivan responded the plan was to have three corporals who would be first line supervisors available on the street instead of the old two lieutenant system. The corporals would function as patrol officers with modest supervisory responsibilities. The plan calls for three corporals to be appointed to serve for an interim period of 12 -18 months. At the end of that time, there would be a formal assessment to see if there should be two or three sergeants who would have more permanent duties with more responsibility. This is a way to provide the needed first line supervision at this time and give three officers an opportunity to gain experience and training and assess if they would make good supervisors later in their careers. Kelley asked if the officers were aware that if they did not possess the leadership qualities that were necessary they would return to patrol officer status. Chief Sullivan confirmed they would go back to patrol officer status at any time they were not performing satisfactorily. Since this is considered an assignment, they could be re- assigned to patrol officer status. If the Council decided to have two sergeants at some time in the future, a more formal screening and testing process would take place. The corporals and other officers could then apply for the sergeant positions. Jabbour commented that the information presented by the Police Chief should have been received earlier with the packet so he had time to review it and ask questions prior to the Council meeting. • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 • POLICE CHIEF REPORT (CONTINUED) Hurr asked how the Union would handle promotions and then a possible demotion. Moorse explained this would be structured as an assignment, not a formal promotion. The salary for corporal would have to be negotiated with the Union. Mayor Callahan asked that Chief Sullivan present a written proposal to the Council in August with no further discussions with the officers regarding the corporal positions. Mayor Callahan commended Officer Tomcheck for off -duty assistance he provided to a boater near Big Island who broke his neck in a life - threatening diving accident. Chief Sullivan stated that he will submit Officer Tomcheck's acts to the North Memorial award program for those who provide life- saving assistance. ( #3) #1821 STEVEN P. WIRTJES AND MARGO M. WIRTJES, 3085 WATERTOWN ROAD - FINAL SUBDIVISION - RESOLUTION This application was tabled at the request of staff. ( #4) #1913 GREG TRUCHINSKI, 1580 FOX STREET, CONDITIONAL USE PERMIT /VARIANCE - RESOLUTION It was moved by Jabbour, seconded by Hurr, to table this application as neither the applicant nor any representatives were present at any time during the meeting. Ayes 5, nays 0. • Hurr questioned the after - the -fact fees which had not been collected. Mabusth explained that the applicant initially filed an after -the -fact application but then decided to proceed with a conditional use application because he was going to relocate the tower. During the review process, he changed back to the after -the -fact application and fees will be collected. ( * #5) #1922 RESi ROBERT OLMED, 1 NO. 3451 BAY ROAD SOUTH - FINAL SUBDIVISION It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3451 approving the plat of French Lake of Orono 2nd Addition for Robert L. Melamed and Elizabeth Melamed at 1000 Old Crystal Bay Road South. Ayes 5, nays 0. ( #6) #1938 DOUGLAS AND KAREN OLSON, 537 PARK LANE - VARIANCE - RESOLUTION NO. 3452 Mr. and Mrs. Olson were present. Mabusth explained that the applicants were requesting area and lot width variances to reconstruct a residence at 537 Park Lane. The original application placed the structure at the top of the bluff at 982 elevation. She noted the right -of -way for the adjacent Park Lane is 80' whereas the normal right -of -way is 50'. At the June Planning Commission meeting, the application was tabled so that applicant's could provide an amended application with structure moved further from the top of the bluff and closer to the street. The Planning Commission indicated they would 4 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD • JULY 25, 1994 #1938 DOUGLAS AND KAREN OLSON, 537 PARK LANE (CONTINUED) approve a 6' setback from the corner of the garage with the structure still being 42` from the traveled road in approximately the same location as it currently exists. At the July Planning Commission meeting, members approved an amended application with the corner of the garage 6' from the lot line and the principal structure maintained at 10'. The southeast comer of the deck will have an 8' setback. The applicants are also requesting a street setback variance, a setback variance to the bluff of 10' and 8' for the deck. The two story structure meets the height requirements and average Lakeshore setback. Mr. Olson commented that they had compromised to get back from the bluff and yet not too close to the road since there is an 80' right -of -way. Mabusth added that there is a hardcover variance requested in the 75 -250' setback area proposed at 26.4 % with a reduction from 3.5 % to 1.8 % in the 0 -75' setback area. Retaining walls and walkways that are not necessary are being removed within the 0 -75' setback area. In response to Hurr, Mabusth confirmed that the surveys were current and the applicant had done the hardcover calculations. She added that applicants often do their own calculations with spot checks by staff. is Hurr asked what the hardship is for this new home. Olson responded that the home would be consistent with neighboring homes. When he purchased the home, he did not realize there was a bluff issue. He felt with the added grassed area, even though it was not deeded to him, it could be a positive consideration. Mabusth added that 30% of the lot was available for building as the bluff placed severe restrictions upon the building envelope. Goetten noted that the Olsons and Planning Commission members had worked hard to achieve the current proposal for the substandard property. She would support the Planning Commission recommendation. It was moved by Kelley, seconded by Goetten, to adopt Resolution No. 3452 for Douglas and Karen Olson granting variances for lot area, lot width, street setback, hardcover and bluff setback to permit the construction of a new principal structure located at 537 Park Lane. Ayes 4, nays 1. Hurr was opposed. ( *#'n #1943 SAM AND JOYCE MARFIELD, 2455 SCOTCH PINE LANE - VARIANCES - RESOLUTION NO. 3453 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3453 granting a hardcover variance of 46.32 s. f. or .015% and a setback variance of 9' or 30% to allow construction of a two story elevator addition for Samuel S. Marfield and Joyce Marfeld at 2455 Scotch Pine Lane. Ayes 5, nays 0. • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 • ENGINEER REPORT ( #8) BID AWARD NORTH BROWN ROAD RECONSTRUCTION Engineer Cook explained that after receiving bids staff met with the property owners to discuss the project. There was overall approval of the project with concerns over whether the bike path should be 6' or 8' and questions about the storm sewer which has an impact on Homestead Trail. City Administrator Moorse added the issue of assessments of project costs to property owners. Mayor Callahan stated that there were MSA funds available for the road construction. Council had not decided if there would be an assessment for any additional monies needed. Since there have not been any similar projects recently, no policy has been established. There are a number of other projects facing the City in the near future, such as a stormwater project on Kelly Avenue and septic upgrades, with limited availability of funds to be considered. Heinz Hutter, 770 North Brown Road, questioned the necessity of widening, straightening and leveling Brown Road when all it really needs is resurfacing. He felt that as Highway 12 was upgraded, Brown Road would not provide access to the highway. He thought there may be other needs of the City that were more important. Many other residents agreed. Mayor Callahan stated that there was no Highway 12 plan at this time that excluded access from North Brown Road. Kelley asked for clarification since he thought the citizens were in favor of upgrading Brown • Road and now there seemed to be disagreement. Other councilmembers agreed. Charles Schroeder, 1925 West Farm Road, explained that if the project were to be done, then the input from the citizens at previous meetings should be considered. Since this is a substandard road, if it were resurfaced, it would have to be widened. In addition, the bike path would be included but the residents wished to keep it more like a "country lane". Goetten noted that it was decided to make a minimal road of 28', which is the City's minimum standard, rather than the 32' or 36' as suggested by the Engineer. She asked how many of those present had been at the previous informational meeting. Many had attended but there were several who had not. Jabbour stated that for Orono to get MSA funding, minimum standards are required. Cook confirmed that if the road were to be repaved at its current width, the City would have to pay for the entire project. MSA funding would cover 93 % of the project if built to MSA standards. City Administrator Moorse explained that there are MSA funds available but not enough to do all future road projects in the City. Residents who were present felt they should not have to pay the amount not covered by MSA funds because North Brown Road is used by many others traveling between Highway 6 and Highway 12, not just those residents along the road. 6 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD • JULY 25, 1994 BID AWARD NORTH BROWN ROAD RECONSTRUCTION (CONTINUED) City Administrator Moorse explained that if there were to be assessments considered on this project, a public hearing would have to be held before the bid could be awarded. Dennis Kirby, 1020 North Brown Road, did not feel there was opposition to the road but there was a problem with assessments. Armand Brachman, 1990 West Farm Road, commented that he moved to Orono because of the rural residential character of the area. He felt that two issues to be considered were the degree to which the road needs to be improved and who will pay for the road. He felt that a uniform process needs to be established to address the current and future road improvement needs. Who should be responsible for assessments should also be considered. Mayor Callahan reiterated that if the bid were accepted at this meeting, there would be no assessments. He continued that comments made about this being a collector road were compelling arguments to consider. The gap of $25,000 is not a major amount for the City and felt, in this case, the bid should be awarded with no assessments to the residents. It was moved by Hurr, seconded by Jabbour, to award the bid for the Brown Road North reconstruction project and the Watertown Road culvert replacement project to the low bidder Buffalo Bituminous, contingent upon MSA approval, in the amount of $473,614 for Brown Road and $92,892.50 for the Watertown Road culvert with no special assessments to the residents. is Ayes 5, nays 0. George Johnson asked about the 8' bike path. Cook explained that the 8' width was a recommendation from the Park Commission and was not a requirement of MSA funds. Kelley asked how difficult it was to get variances for MSA funds. Cook explained there was an application and then a panel review. He added it would be difficult to get a variance approved. Gerhardson stated that the road is failing because of bad soils. Reconstruction of the road would be necessary even if it were maintained at the current width which would be costly and then MSA funds could not be used. Tom Lane, 915 North Brown Road, expressed his concern with the bike path being within 25' of his front door. He asked if the bike path were necessary to use MSA funds. Mayor Callahan responded that the path would not be necessary but the City Council and Park Commission have a policy for the location of bike paths throughout Orono. This is one of the recommended areas and it is more economical to construct it at the same time as the road is upgraded. Schroeder agreed that plans for the road are the minimum that can be achieved and still receive MSA funds. He thought the bike path would be located closer to the road by the Lane residence. Carol Parrish, 1995 West Farm Road, had no problem with the road but was not excited about the addition of the bike path. Mayor Callahan explained that the bike path will eventually connect to other paths within the City connecting the Luce Line, schools and Baker Park. is 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 • BID AWARD NORTH BROWN ROAD RECONSTRUCTION (CONTINUED) Mayor Callahan confirmed there will be no assessment to the neighboring residents. Gerhardson stated construction would begin in mid - August. Individual landowners will be contacted. Armand Brachman and George Johnson commented that staff had already made contacts with the residents and had been working with them to address their concerns. Mayor Callahan called a recess from 8:58 p.m. to 9:12 p.m. KELLY AVENUE DRAINAGE Engineer Cook reviewed the Kelly Avenue drainage problem. Current culverts are not functioning properly. The existing system should be replaced with culverts placed in correct locations. He referred to a diagram with four alternate solutions. Alternatives C or D best address the water quality problem. There would be somewhat less maintenance with Alternative D. Easement costs and tree removal have not been included in the project estimates. Raising Kelly Avenue had been considered but there is still the potential for damage and it really doesn't take care of the drainage problem. Since no individual property owner will realize significant benefit, it is difficult to do a special assessment on this type of project. A storm water utility could be initiated City-wide to provide funding for these types of projects. Similar situations exist on Highland and Livingston. Kelly and Jabbour felt this was a very dangerous area and preliminary discussions should • continue with property owners in the area. Goetten felt there was a responsibility to the citizens of Orono to address this problem. Hun did not feel the proposed schedule was realistic with construction proposed for September 19, 1994. Mayor Callahan noted the possible cost was $70,000 plus unknown amounts to obtain easements and this information should be provided to residents. Gerhardson will do a written request to property owners to further discuss the project. MAYOR/COUNCIL REPORT Hun reported that she had attended the Minnehaha Creek Watershed District meetings related to the water quality of Long Lake. Aeration and chemical (alum) treatment were discussed. The MCWD would assume the major costs but asked if Orono would participate. Hurr indicated to the MCWD that she would need more information before the City could commit to participation. Mayor Callahan commented on the LMCD report regarding septic tank problems. He noted the State Statutes supersede the Shoreland Regulations of the DNR. 8 • �Jm MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD 0 JULY 25, 1994 CITY ADMINISTRATOR'S REPORT ( *#9) COMPUTER REPLACEMENTS FOR THE FINANCE DEPARTMENT It was moved by Jabbour, seconded by Goetten, to approve the purchase of two personal computers to replace the existing equipment in the Finance Department at a cost of $2,746; the cost to be funded from the Equipment Outlay Fund ($2,059) and the sewer fund ($687). Ayes 5, nays 0. ( #10) PERSONAL WATER CRAFT REGULATION City Administrator Moorse reported that he had been working with the Long Lake City Administrator to draft an ordinance. The LMCD currently enforces a similar ordinance on Lake Minnetonka although it does not totally solve the problem. Since the DNR has jurisdiction over Long Lake and they do not agree with the Lake Minnetonka ordinance, it would be difficult to proceed with that ordinance. The DNR indicated that if Long Lake and Orono had documentation to prove that the personal water craft is causing a nuisance that is specific to Long Lake, they would consider some type of regulation of personal water craft. City Administrator Moorse referred to a draft ordinance included in the packet. He included restrictions on racing situations. Kelley stated he had talked with the Long Lake Mayor about the possibility of issuing parking permits for the Long Lake access but since the boat launch belongs to the DNR, neither Long is Lake or Orono could restrict its use. Hurr added that the DNR would not work with the cities if they try to limit parking. She suggested they contact the DNR to see if other DNR lakes have similar ordinances. City Administrator Moorse stated that some residents on the lake have video tapes which would be documentation of the problem that exists. He also suggested that the Long Lake lifeguards may be able to keep some records. Reserves and fire fighters could also check Long Lake occasionally. Kelley asked about the noise level since that seems to be a main concern. Moorse responded that the DNR had done a decibel study and most came out at about 81, unmodified. Jabbour stated the quality and repetition of the noise are what causes the noise problem. Hurr asked how many residents that live on Long Lake have personal watercraft. One resident responded there were none. She felt the main problem was caused by two organized, semi - professional groups of racers - Minnetonka Skiers and Dale's from Long Lake. Minnetonka Skiers bring buoys to set up for racing and Dale's takes the box off the muffler making them louder. As soon as the Water Patrol arrives, the offenders quit. The Water Patrol has stated that the temporary buoys are legal. Kelley suggested the City continue to work with the DNR to develop an enforceable and agreeable ordinance. 0 9 . . Z - -- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD . JULY 25, 1994 0 Hurr suggested creating a "quiet water" zone and questioned if the City had the right to do so. City Administrator Moorse stated that if there were agreement by both cities they could restrict water craft to small motors or no motors. City Administrator Moorse questioned the enforcement of a 30 minute time limit. He will continue to work with Joe Lynch, the Long Lake City Administrator to develop an effective, enforceable ordinance. Hurr noted that personal water craft have the same rights as boats. ( * #11) REQUEST FOR REFUND OF PARK DEDICATION FEE It was moved by Jabbour, seconded by Goetten, to authorize the refund of $25,200 park dedication fee due to withdrawal of Application #1818 payable to Russell T. Lund, III. Ayes 5, nays 0. ( #12) GRANT PROGRAM 1994 - RESOLUTIOMN COMMUNITY DEVELOPMENT BLOCK 3454 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3454 authorizing the Mayor and City Administrator to execute a subrecipient agreement with Hennepin County for 1994 (Year XX) Urban Hennepin County Community Development Block Grant Program. Ayes 5, nays 0. ( #13) TANDEM PROPERTIES VIEW OF SUBDIVIDERS AGREEMENT AND • SECURIT Y DEPOSIT City Attorney Barrett explained the City's requirement for a subdivider to post a bond in the amount of 150% of the value. Originally the subdivider proposed to financially support this property with a supplemental mortgage. After reviewing, the City Attorney advised against accepting this type of security. After much negotiation, a Letter of Credit in the amount of $300,000 and a Performance Bond of $420,000 were proposed. After the improvements were accepted by the City, the developer would then post a $15,000 Letter of Credit to cover legal costs and a two -year Warranty Bond to secure any defects in work. As work progresses, the bond is reduced but Letter of Credit is maintained until work to be completed is valued at less than 150% of $300,000 amount. Mabusth added that no building permits would be issued until retention ponds and roads are completed. She noted the final plat resolution accepted a supplemental mortgage even though that has never been accepted by the City in the past. Other cities have used supplemental mortgages. The City Attorney's office has worked with the developer to establish the current security. Hurr stated there should have been a legal review prior to accepting a supplemental mortgage in the final plat resolution. It was moved by Callahan, seconded by Jabbour, to approve the security deposit proposed by Tandem Properties. Ayes 5, nays 0. 10 40 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD • JULY 25, 1994 ( * #14) LICENSES It was moved by Jabbour, seconded by Goetten, to approve the following licenses: Residential Kennel - Ann & Rod Crawford, 4705 North Shore Drive Ayes 5, nays 0. ( * #15) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting to Executive Session to discuss Lasher Landing at 10:02 p.m. Edward J. Call an, Jr. Mayor • • 11