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HomeMy WebLinkAbout09-26-1994 Council MinutesN ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 26,1994 • ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEllen Hurr. The following represented Staff. City Administrator, Ron Moorse; City Attorney, Tom Barrett; Building and Zoning Administrator, Jeanne Mabusth; Assistant Planning and Zoning Administrator, Michael Gaffron; Public Works Director, John Gerhardson; City Engineer, Glenn Cook, and Recorder, Sherry Frost. Mayor Callahan called the meeting to order at 7:30 p.m. (- #1) CONSENT AGENDA Items 5 and 6 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Ayes 5, Nays 0. APPROVAL OF MINUTES (- #2) REGULAR MEETING OF SEPTEMBER 12, 1994 It was moved by Goetten, seconded by Kelley, to approve the Minutes of the Regular City Council Meeting of September 12, 1994, as submitted. Ayes 5, Nays 0_ • ( #3) PRESENTATION OF REPORT BY CITY AUDITOR Ken Malloy presented the auditor's report. The purpose was to review the accounting positions and functions with relation to segregation of duties and to make recommendations to improve the internal controls without additional cost or personnel. In segregating the duties, the purpose is to minimize the exposure of an employee to have access to both the assets of the City and the recording of those assets. Adjustments were made to the responsibilities involved in those financial duties to eliminate a person having total responsibility for a particular area. Kelley asked Malloy's opinion of the organization and received a positive reply. Kelley moved, Jabbour seconded, to accept the report and recommendations of the city auditor. Council member Goetten suggested Staff provide an update on the implementation of the auditor's recommendations in November of 1994. Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner Jim White asked the Staff to follow up on the status of the bike trail along Old Crystal Bay Road by the Dickey property as well as the negotiations involving property between the Dickey property and the Luce Line. White noted the upcoming meeting between City Administrator Moorse and Hennepin County Park Commissioner Doug Bryant next week. Council was reminded of the joint meeting with the Park • Commission next Tuesday, 10/4/94, to discuss the park survey. l MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 26, 1994 PLANNING COMMISSION COMMENTS • No member of the Planning Commission was present. PUBLIC COMMENTS Steve Fames, owner of Deering Island on Lake Minnetonka, reported his concern over the erosion of land on the island. According to maps and aerial photography, 130' of lowland has been lost since 1913. It felt the problem was not caused naturally but by boat wake waves washing over the land. The Council was asked to support his effort to convince the LMCD to approve a quiet water zone to slow the traffic down. Fames said rip rap is only a stop -gap measure and works only in low water level times. Jabbour said high water is going to be the rule rather than the exception and quiet water zones push boats into other channels which then concentrates the traffic. Jabbour informed Fames of the l 50' no -wake zone around the island which should be to his benefit. Mayor Callahan said the Council has no jurisdiction in this matter to assist Mr_ Fames. POLICE CHIEF REPORT Chief Sullivan said the August monthly report reflects a busier year. A breakdown will be available at the end of September. Sullivan requested the opportunity to provide an internship for Coney Farnick beginning in December. The intern would work with investigators and staff to assist in clerical and statistical work. The hours involved would depend on the college schedule. Farnick would also be able to ride along with the patrol officers. The Council indicated support for the internship. An emergency exercise is going to be conducted on Saturday, 10/1/94. There will be simultaneous catastropHes happening (simulation of a cabin fire, truck accident involving a propane disaster, and a tornado touchdown) to check the response of the hospital and emergency squads in the west Hennepin area. Hun requested area neighbors be notified of this event. ZONING ADMINISTRATOR'S REPORT (#4) #1860 ZELMA MCKINNEY, 3599 LIVINGSTON AVENUE - STATUS REPORT Gayle Siegler, daughter of applicant, was present. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 26, 1994 (#4 - McKinney - Continued) • Mabusth summarized the current situation. The property was inspected on 9/26/94 and found to be in violation of agreement made at last Council meeting regarding the storage of materials in the garage. Siegler was also to have contacted Staff in regard to discontinuing the use of a lower level room as a sleeping room. Barrett relayed the options the City has at this point. A civil suit would lead to revocation of the conditional -use permit and fines to demonstrate the case, or a criminal misdemeanor complaint would be filed by the prosecuting attorney of the City against the owner. Mabusth said the matter of the egress window in the lower level can be readily solved if the applicant contacts the Staff. The real issue here is the storage in the garage stall. The stalls were to remain empty of all storage for the sole use of off - street parking. Siegler questioned the focus being placed on this property, and Jabbour reminded Siegler that the property was non - conforming which is why these stipulations are on the property. Council said the applicant should attach the conditional -use permit conditions as part of the tenant's lease to alleviate the problems. Siegler said the tenants have agreed to remove the materials in the garage by 10/1/94. Callahan motioned, Goetten seconded, to table Application #1860 until the Council • meeting on 10/10/94. Staff is to resolve the above issue by that date and conduct a re- inspection of the property on 10/2/94. is The neighbors at 3585 Livingston were present at the meeting. They voiced their concern with the applicant not meeting the conditions of the conditional use permit. They felt that the applicant has been given sufficient time to correct any problems and feel the City needs to take action to remedy the problems. ( #5) #1961 WARREN PASCHKE, 3349 CRYSTAL BAY ROAD - VARIANCE - RESOLUTION # 3472 Goetten moved, Kelley seconded, to approve Application #1961, Resolution #3472, as proposed. Ayes 5, Nays 0. (#6) ITEM #1963 JAMES & CAMILLE FARLEY/ENGEN & KOZOJED & ASSOCIATES, 15 ORONO ORCHARD ROAD SOUTH - VARIANCE - RESOLUTION #3473 Goetten moved, Kelley seconded, to approve Application #1963, Resolution #3473, as proposed. Ayes 5, Nays 0. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 26, 1994 MAYOR/COUNCIL REPORT Callahan stated the issues involving the Maxwell Bay development with the DNR have • not been resolved resulting in the need to reactivate the Lake Use Committee. The committee members will be Goetten and Kelley from the Council, and Schroeder, Rowlette, and Peterson from the Planning Commission. Hurr requested to be notified of the committee meeting dates. Goetten reminded Council of the Canvasing Board Meeting to be held within 48 hours of the general election to approve the election results. City Clerk Hallin will send out the official notice. Callahan informed the Council of an upcoming Planning Commission Item 91958 regarding the Oberhauser subdivision to replat of three lots into two lots, and requested Staff to see that the applicant proceeds with the plan. He also requested that Staff prepare to move ahead with legal action to clean up this property. Callahan also encouraged all Council members to visit the Dayton property regarding the proposal to develop a pond on the property. Jabbour is attending meetings of the LMCD to remain informed of their activities. Callahan inquired of the events of the MCWD meeting. Gerhardson said the Brown • Road project had been on the MCWD's consent agenda. Glenn Cook indicated he was not aware of the action taken in relation to the Long Lake water quality project. Hun inquired of the use of the property at 905 Tonkawood Road by Holy Name Church. Mabusth said Staff was not through with their review. The owner is asking to allow the church to use the property, which is in a residential area, for a two -year period. Mabusth indicated she will request additional information regarding the use of the property. Hurr asked for Gerhardson's comments on the County Road 6 issue at the 9/14 meeting with the County. Gerhardson had met with and asked Hennepin County about the drawings and plans for the intersections of McCully and CoRd 6 and at Hwy 12. The County is concerned with the reduction of the right of way and is now asking for a minimum of 84'. Cook said 84' is necessary for the clear -zone width required by State law in order to clear trees and poles. After much discussion, it was agreed upon to allow the County 84' for the right -of -way. The Council and County will then need to discuss the specifics of the plans and funds involved. The County had scheduled a meeting with Independence, and Orono residents were notified by letter of this. Kelley stated the County must talk with Mn/Dot on Highway 12 prior to receiving Council's approval on the road width is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HEIR ON SEPTEMBER 26, 1994 ENGINEER REPORT • Cook had no report at this time. CITY ADMINISTRATOW S REPORT ( #7) ADDITIONAL GROUNDWATER MONITORING AT OLD CITY HALL PROPERTY Moorse reported one of three monitoring wells still indicated a high level of contaminants after the removal of the fuel tanks from the former City hall site. Greg Browne of Braun Intertec, and coordinator of the project, was present at the meeting to explain additional monitoring and testing required. Braun has recommended two additional soil borings be done and one additional monitoring well be installed to fully define the extent of the contamination. It is thought that a possible pocket of fuel remains and all that will be needed is monitoring the situation to see if it stabilizes. Browne said the groundwater will be sampled and clean- up goals will be set after test results are known and contaminates delineated. The main concern is with benzene. The current recommendation is for 10 parts per billion where we are presently seeing 980 parts per billion. Hurr asked Browne why the consulting fees were double those of the soil boring and well • installation costs involved. Browne said the costs reflect monitoring over a year's period of time. Barrett commented that Staff should check on the liability insurance for a pro - rata share of costs involved. The City may also be eligible to apply for superfund clean up money once the contaminant removal is at a certain point. Jabbour moved, Kelley seconded, to approve the additional two soil borings, monitoring well, and soil and groundwater sampling and analysis by Braun Intertac at an estimated cost of $12,302. Ayes 5, Nays 0. ( #8) POLICE REORGANIZATION Moorse reported on the new police department supervisory structure. This would include the Chief as the top departmental manager, a Lieutenant as second -in- command, and three Corporals as first -line working supervisors. The purpose is to broaden the supervisory capacity of the department while maintaining the officers on the street. The police department has in its future plans to establish a Sergeant position in order to perform supervisory duties not appropriate to the Corporal position. Several Council members questioned the need to move from Corporal to Sergeants and indicated Staff would need to provide additional information prior to the Council considering a change away from Corporals. The Council directed Staff to provide periodic updates regarding • the effectiveness of the new organization. 5 MINUTES OF THE REGULAR ORONO CrIY COUNCIL MEETING HELD ON SEPTEMBER 26, 1994 (City Administratoi's Report - #8 - Police Reorganization - Continued) Callahan moved, Kelley seconded, to approve the new police department supervisory • structure. Ayes 5, Nays 0. (99) ESTABLISH BUDGET WORK SESSION A work session was scheduled for Tuesday, 10/4/94, at 6:00 p.m. to discuss the proposed 1995 sewer and water fund budgets. A joint meeting with the Planning Commission was also scheduled for Thursday, 10/6/94, at 8 a.m. ( #10) CONDITIONAL BRUNG OF PART -TIME OFFICERS Moorse asked the Council to authorize the Staff to extend a provisional offer of employment to Neil Melton and Bill Persell as part -time police officers. Background investigations as well as physical and psychological examinations would then be conducted. It was noted that at the end of the selection process, one female candidate withdrew after receiving a fulltime position with the City of St. Paul. Melton was a patrol officer for the City of Bloomington for ten years, and is currently the director for the Center for Criminal Justice and Law Enforcement. Melton would like the patrol position to keep his police skills current. Persell is a part-time officer with Oak Park Heights on the East side of St. Paul, and has • maintained a full -time position with Onan Company since 1966 in a civilian capacity. Hurr commented on the City's desire to use the part-time position to train officers and to fill future full -time positions from the part-time roster. Moorse agreed but pointed out the limit of future openings and the need to maintain a balance_ Chief Sullivan indicated the top candidates remaining on the eligibility list for future vacancies are the type Council member Hurr has in mind. Kelley asked if there were any conflicts with Sullivan having known the officers prior to the selection process. Sullivan said the initial interview was conducted by others, and the officers passed the initial interview on their own merit. He indicated he believes hiring someone with whose work habits and abilities you are familiar is an advantage for the City. Callahan moved, Goetten seconded, to approve the conditional hire of Neil Melton and Bill Persell as part-time officers. Ayes 5, Nays 0. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 26, 1994 ( #11) SPEED STUDY - TONKAVIEW LANE - RESOLUTION #3474 40 The residents of Tonkaview Lane have asked the City to adopt a resolution requesting Mn/Dot to perform a speed study for this road. The residents would like to reduce the speed limit to less than the present 30 mph due to the road design, number of driveways and curves, and the steepness of the road. The residents were advised that this could also result in an increase in the speed limit. Jabbour moved, Kelley seconded, to approve Resolution 93474 to request a speed study of Tonkaview Lane. Ayes 5, Nays 0. ( #12) LONG LAKE FIRE SERVICE CONTRACT Kelley moved, Callahan seconded, to approve the contract with the City of Long Lake for the provision of fire services for the years 1995, 1996, and 1997, authorizing the Mayor and City Administrator to sign the contract. Ayes 5, Nays 0. ( #13) REQUEST BY PARK RESERVE DISTRICT FOR BOW HUNT - LARRY GILLETTE Gillette was present and asked for Council's permission to allow a bow deer hunt on the north side of Noerenberg Park. The high deer population is damaging the gardens. Individuals are presently allowed to apply for permits to bow hunt on five+ acre parcels in Orono. This request is for a group permit eliminating the need for each archer to apply • individually. Gillette stated a four archer maximum would be allowed to hunt at one time. There would be approximately eight or nine participants over a four -week period. The archers would be restricted to the park boundaries and would not be able to pursue a wounded deer outside of those boundaries without a conservation officer. Only the officers would be allowed to use a shotgun to kill a wounded deer. The goal is to eliminate six to seven deer which have risen in number to around 30 from the original four or so ten years ago. The Council discussed various safety issues involved. Council member Goetten indicated she is opposed to this type of solution. Council member Kelley indicated he does not believe damage to the gardens requires the elimination of the deer. Hurr moved, Jabbour seconded to approve the ordinance amendment to allow licensing of the Park District for bow hunting. Ayes 2, Hurr and Jabbour; Nays 3, Callahan, Kelley, and Goetten. The motion was denied. CITY ATTORNEY'S REPORT Barrett had no comments at this time. • 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 26, 1994 ( * #14) LICENSES Goetten moved, Kelley seconded, to approve the following licenses: Septic System Installer: Residential Kennel License: ( * #15) BILIS R.E. Paimen, Inc. 1522 Albany Avenue St. Paul, MN Robyn M. Stewart 370 Leaf Street Orono, Mn Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting at 10:00 p.m. A T: Edward J. Callahan, , Mayor 8 • • is