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HomeMy WebLinkAbout08-23-1993 Council MinutesI MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD AUGUST 23, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers Gabriel Jabbour, J. Diann Goetten, Charles Kelley and JoEllen Hurr. The following represented staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Attorney Kevin Staunton, City Engineer Glenn.Cook and Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:30 p.m. ( #1) CONSENT Kelley removed Item #13. It was moved by Hurr, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by Consent Agenda will be included in the minutes in their respective numerical order. ( *2) APPROVAL OF MINUTES • It was moved by Hurr, seconded by Goetten, to approve the minutes of the August 9, 1993 Council meeting. Ayes 5, nays 0. PARK COMMISSION COMMENTS Mayor Callahan asked Park Commission Chair Dick Flint to hold his comments until discussion of Item #11. LAKE MINNETONKA CONSERVATION DISTRICT There were no comments as there is no representative. PUBLIC COMMENTS Henry Furchner of 360 Leaf Street stated that PCI, in the process of fixing an easement, tore up his bank, used his dirt that was to be used for filling septic tanks for fill and bulldozers used his property throughout construction of the sewer system. When PCI left, Furchner asked when they would repair the bank. PCI said they would send someone back to fix it. When they did not appear by 4:00 p.m. that Friday, he called City Hall and tried to talk to John Gerhardson or Harlan Olson who were unavailable. He then talked to Gerhardson on Monday and the Leaf Street culvert was taken care of but repair is still needed on the south side of his property. • 1 I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 • PUBLIC COMMENTS - CONT. PCI also indicated that it would be repaired when they had dry weather. Furchner felt there had been 4 days of dry weather and something should have been done. Gerhardson told Furchner that the person who said it would be repaired when there was dry weather did not have the authority to give that information. Gerhardson explained that PCI does semi - finish grading on all properties in the project and this has been done to Furchner's property as well. PCI will then come back with pulverized dirt (topsoil) to complete the work before sod is placed. This has not been done yet in any part of the project. Gerhardson was unaware that dirt had been used from Furchner's property. Cook thought it would be the end of next week before PCI would be able to get in to finish the topsoil and sodding. Goetten asked that an answer be given to Mr. Furchner as soon as possible. Callahan asked that Furchner's property be completed and a report given to Councilmembers by the next meeting, September 13, 1993. Hurr also asked for information as to when Stubbs Bay Road would be completed. ZONING ADMINISTRATOR'S REPORT ( 0) #1780 CITY OF ORONO, 1000 OLD CRYSTAL BAY ROAD - PRELIMINARY SUBDIVISION - RESOLUTION #3315 It was moved by Callahan, seconded by Jabbour, to adopt the resolution presented except that Item #3 from the findings of fact should be removed since the report by Schirmers is not • pertinent to the resolution. Kelley asked where people who want to use the park would park their vehicles. Callahan understood there would be available parking in the southwest corner. Kelley asked at what point the City would require this road to be paved and brought up to City standards. Mabusth stated the subdivision regulations deal only with the trigger of residential units so if the residential lot is subdivided, it would only be at the third lot, based on residential development, that would require upgrading. She felt it would be up to the City to make that determination as the park is developed. Kelley thought the park was acting like another residential unit. It is Callahan's understanding that if the road benefits the property owners, they could be assessed their fair portion. Mabusth asked Council to provide direction on whether the landowner will be responsible for sharing in the maintenance of the private driveway. An easement for the driveway is provided on City land. Jabbour thought the City should maintain it in the summer but the homeowner should plow in the winter. The City must maintain this drive to access the MWCC lift station. Hurr asked if this drive was currently maintained by the City. Mabusth stated the issue of maintenance was brought up at the Planning Commission meeting and was to be resolved by staff. In discussions with the Public Works Department, they said they would assume maintenance of the roadway. Gerhardson added that maintenance can be whoever arrives first. 2 40 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD AUGUST 23, 1993 ZONING FILE #1780 - CONT. Jabbour thought it would be unlikely that the landowner would want to wait for the City to plow a private easement of low priority and would want to hire his own service. He thought the City could plow this road if it needed to access the lift station, otherwise the landowner should assume responsibility for accessing his property. Hurr asked if there was an agreement with the MWCC to plow this easement. Gerhardson replied that whoever is there first takes care of it and it is just a handshake. The City currently has no use for the road except where the park will be in the back. Hurr noted that the park would probably not be used in the winter so the MWCC would plow the road if it needed to access the lift station. Gerhardson agreed. Since there is no obligation on the part of the City to plow the road for the MWCC, it should be the responsibility of the landowner to plow. It was moved by Callahan, seconded by Jabbour, to amend Page 2, Paragraph 2 of the resolution to state that the City will not assume the responsibility for the regular maintenance of the private driveway and future owners shall be responsible for maintenance of the private driveway. Ayes 5, nays 0. Hurr asked if the landowner was responsible for maintenance if that removed the,.ability of the • City to improve it in the future if they wished. Callahan stated the City still owns the property, only an easement exists for the landowner. Kelley asked at what point the chain gate would be removed. Gerhardson responded that a directive from the City Administrator would probably be appropriate. ( * #4) #1841 WILLIAM AND LORI CORNELIUS, 960 TONKAWA ROAD - VARIANCES - RESOLUTION #3316 It was moved by Hurr, seconded by Goetten, to adopt Resolution #3316 for applicants William G. and Lori Cornelius, 960 Tonkawa Road, granting variances to permit a section of a former roadbed located within the lakeshore protected area to remain and to be upgraded as part of a loop driveway. The former gravel roadbed is located 50' from the Lakeshore where a 75' setback would be required and will result in 1200 s.f. of permanent hardcover where no hardcover is allowed. Ayes 5, nays 0. ( #5) #1848 CITY OF ORONO, 1940 SHORELINE DRIVE /1000 OLD CRYSTAL BAY ROAD - COMP PLAN AMENDMENT - TRANSMITTAL TO MET COUNCIL Callahan explained this application for the City of Orono is related to a Comp Plan Amendment and documents to be transmitted to the Met Council connected with changing the MUSA boundaries and including two stubs for the Melamed property and one for the Nettles property. 0 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 • ZONING FILE #1848 - CONT. It was moved by Callahan, seconded by Jabbour, to direct staff to submit a formal request to Metropolitan Council for approval of City of Orono Comprehensive Plan Amendment No. 5. Ayes 5, nays 0. Kelley questioned Gaffron's reference in previous memos to rural clustered neighborhoods that may need sewer because of soil problems and small lots. He asked if there was any impact from the current application to be considered for the future neighborhoods. Callahan referred to a packet of information previously received by Councilmembers regarding the area near the Nettles property, Fox Ridge, etc. ( #6) #1849 ESTATES OF BARBARA B. LUND AND RUSSELL T. LUND, III, 905 TONKAWA ROAD - VACATION OF SEWER EASEMENT - RESOLUTION #3317 No representatives were present. Mabusth explained that this is a vacation that was required at the time of the preliminary subdivision approval of the two -lot plat of the Russell Lund and Barbara Lund estates. The sewer easement serves no public purpose and was probably dedicated at the time of the original subdivision. Staff recommended the vacation of the easement. • It was moved by Hun, seconded by Goetten, to remove the sewer easement as noted in application #1848. Ayes 5, nays 0. (#7) SEPTIC UPGRADES WITH BUILDING PERMITS - OPTIONS Gaffron reviewed the staff recommendation regarding septic system repairs with the application of building permits. One of the most critical issues before issuing a building permit is determining that current and alternate septic system sites will not be destroyed. Gaffron would recommend that projects that are emergency repairs would be given 2 full years for site evaluation and 2 full years for a system upgrade. For projects that are normal maintenance that are not expanding the living space or footprint, such as interior remodeling, a prior site evaluation would be required before issuing a building permit to verify that the system is functioning and then allow 2 full years for upgrade. For projects that expand the living space or footprint, a site evaluation should be done prior to issuing the building permit and the system would need to be upgraded concurrently with work on the permit. • 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD AUGUST 23, 1993 SEPTIC UPGRADES - CONT. For properties that have a failing or illegal system, site evaluation and system upgrade would be required before any permits are issued. When ground conditions don't allow a site evaluation, the owner acknowledges some risk in proceeding without a site evaluation. Alternative solutions could be: 1. Site evaluator to identify probable sites for system upgrade meeting setback and slope requirements and soil conditions. 2. Building permit applicant should provide evidence of a contract with a site evaluator so there is proof the upgrade will be done as soon as weather conditions permit. 3. Applicant should agree in writing to complete the septic upgrade within the appropriate time frame for his project. 4. Applicant should agree in writing that the construction project will stop if the site • evaluation finds there is no way to repair the system. If no way is found to repair a system, the City would issue no further permits until the situation is resolved (possibly holding tanks or a variance). There is concern over certain areas of the City which the 1980 Comp Plan identified as areas to monitor for future sewer. If there are a number of systems within one of these clusters that are failing, perhaps a better solution than repairing each system would be to consider sewer for that area. The time frame for repairs may need to be extended. Mayor Callahan noted that this study has been because changes have been made to the time frame allowing repair of failing systems, two years instead of one. Gaffron confirmed there are about 1100 septic systems in the City. Possibly half of these systems could be affected but until inspections are completed, this is a rough estimate. This would be one -fourth of all homes in Orono. If each system cost about $3,000, it would cost residents of the City almost $2 million to repair or replace their systems. is 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 • SEPTIC UPGRADES - CONT. According to Mayor Callahan, in the Comp Plan Amendment presented to Met Council in January of 1993, information suggested that 190 to 200 homes may require repair. Since that time it appears that 600 to 800 homes may require improvement within five years. It would be possible to do a sewer project for $2 million and in cases where this has been done, the City has made considerable contributions. In failing systems where a mound system was required, the cost would be approximately $11,000. Where homes are not able to use a mound system or some other type of repair, long range effects have not been considered. Callahan asked if Orono would change its Comprehensive Plan. Council needs to further study the ramifications of the septic ordinance. Callahan proposed a moratorium until November 1, 1993 to discuss the cost and effect on citizens. Kelley concurred noting there have been four to five new mound systems required in his neighborhood and neighbors have discussed this with him. This whole process started with the DNR Shoreland Regulations that required restrictions within 1000' of the lake. Jabbour added that the 3' separation has been in the code and observed by staff since 1978. Most of the septic systems (approximately 600) since then do meet the requirements. There is a limited number of sewer units available to the City so there may not be many options. If all of the possible neighborhoods identified as potential sewered areas were to be sewered, there would not be enough units available. Jabbour questioned if residents in these neighborhoods should be • notified that they are in a potential sewered area. If half of the homes in a particular area were going to be required to install a mound system, maybe a sewer system should be considered and residents should be aware of this. Gaffron noted that all new systems installed since 1978 have been required to meet this standard. Hurr asked if a system installed 20 years ago would require some maintenance. Since approximately half of the septic systems were installed prior to 1978, how many have required repair. Gaffron thought a significant number have been upgraded and most have been maintained by pumping. Until 1989 the State codes did not define an existing system that did not meet the standard as non - conforming. Orono adopted that State code in 1992. Gaffron stated the City has taken a closer look at existing systems to try to estimate how many systems may need to be replaced. This is difficult until inspections have been completed. Kelley asked for information on the results of the inspections Weckman has made this year on septic systems. This may give an indication of the number of systems that may need replacing. Kelley added that although some systems installed after 1978 met the Code at the time of installation, they are not meeting the 3' separation today. Gaffron noted that new technologies have been developed so the information from site evaluators prior to the early 1980's may not be accurate. 6 41 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD AUGUST 23, 1993 SEPTIC UPGRADES - CONT. It was moved by Callahan, seconded by Jabbour, to place a moratorium on the enforcement of septic regulations until November 8, 1993. Ayes 5, nays 0. Huff asked what the answer would be to a mortgage company or purchaser of property until November 8. Gaffron replied that if the system does not meet the City code it is considered non - conforming and _it should be upgraded. The question will be when does this have to be done. It will not be required this year since the moratorium is in effect so it may be one or two years. MAYOR /COUNCIL REPORT A) Mayor Callahan stated there are two major contracts on the new building with Kraus - Anderson and Boarman and Associates still in dispute. The architect has about $29,000 more than the City felt he was entitled to. Kraus- Anderson billed the City approximately $20,940 more than their contract. He added that staff has analyzed these figures. Jabbour has worked with these two contracts and negotiated with the architect. Boarman has agreed to refund $14,000 and made some concessions such as insurance premiums that were not paid. Kraus - Anderson has also agreed to reduce their amount by $20,940. This reduction of approximately • $34,000 brings the City as close as it can be to the budgeted amount. Jabbour added the negotiations were approached with a "win -win" attitude and the City did not have all the money coming to it according to the contract. He also thanked Bruce Engelsma from Kraus- Anderson who is also an Orono citizen. Jabbour asked that the Mayor send a thank you to Kraus - Anderson and Boarman and make them feel welcome at City Hall. B) Mayor Callahan also reported on the Melamed contract. The areas of disagreement are: 1) Legal Deed. What kind of legal deed would the City provide? Full Warranty or Limited Warranty? Quit Claim Deed? The City Attorney has advised that the City should proceed with a Limited Warranty Deed and Mayor Callahan agreed. This would not be a hardship for the buyer since he would still want to obtain title insurance. 2.) Special assessments. Melamed proposed that the City would be responsible for any special assessments on the property. Mayor Callahan was unaware of any but ordered a Special Assessment Search to clarify this. If there were any, Callahan would suggest that the City pay for these assessments until the time of the sale and then it would become the responsibility of the buyer. • 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 • MAYOR /COUNCIL REPORT - CONT. 3) Fence. Melamed wants to build a fence into the City's 50' corridor around the corner because it is a direct extension of the existing fence. Mayor Callahan would not object but would add that when the City needed this space, the fence would have to be removed. 4) Hazardous waste. At this time there is no evidence of any hazardous waste but Melamed would ask that the City be responsible for the removal of any hazardous waste if there was any found. Mayor Callahan did not think the City should warranty or indemnify this matter. Jabbour did not want to see more than the purchase price of $300,000 spent at some time in the future for hazardous waste clean -up. 5) Subdivision of parcel. Melamed would like to be able to subdivide the property prior to the original agreement to wait 5 years. Mayor Callahan would prefer to stay with the original agreement. Jabbour stated that he had talked with the buyer's lawyer and the City is changing the agreement to limit access to the road to maintenance vehicles only. Jabbour thought this may be an issue to negotiate. Since the City wants • to change the limited access agreement, they could agree to remove the 5 year restriction for subdivision. They could offer the land to the buyer subject to soil borings being done and Phase I and II being done on the Environmental Assessment. Council agreed to remove the 5 year restriction for subdivision. C) Mayor Callahan asked Gerhardson if the gas tanks were ready to go yet. Gerhardson confirmed that they were not. D) Goetten asked that three items be considered: 1) Support of the Council in the upgrade of County Road 15. She would like to see no increase in the speed limit from Orono Orchard Road to Highway 12. An alternative she would suggest is to have more frequent patrols. She noted the speed limit is 50 mph and people have passed her at 60+ mph. Hurr asked if Sullivan could provide information and enforcement of the speed limit in this area prior to the informational meeting that is scheduled. 8 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING is HELD AUGUST 23, 1993 MAYOR /COUNCIL REPORT - CONT. 2) Situation on Highway 12 and Willow Drive. The Police Chief has provided information that accidents occur at least once a month at that intersection and the time of day does not matter. She asked what the status is for this intersection. Moorse responded that the City had received a letter from Mn/DOT indicating some alternatives. One possibility would be "no left turn" at that intersection as a temporary solution until there would be a stop light installed, probably in the spring of 1995. This brings up the problem of what traffic pattern would then be used. Would turns be done at a more dangerous place? Long -term plans for a frontage /service road should be considered to look at circulation. This also affects Long Lake, therefore, meetings should take place with the Committee again. Goetten felt this will still take too much time and wants to see something done more immediately for safety. 3) Former City facilities building. The yellow storage building is still standing and unsafe. She is concerned about liability. Gerhardson responded that all the testing has been completed to determine if there is any lead in the buildings because that determines how to dispose of the buildings. The verbal report, was that there was some lead in all the buildings but not enough that they cannot go • to a regular demolition landfill. There will be a recommendation that they not be burned because the lead liquifies and could be released into the atmosphere. Once he gets the written report, the plans for demolition will proceed. Goetten asked if signs should be placed until that time. Gerhardson added that the old Council Chambers building has a higher lead content and that building has been fenced off until lead abatement can be done. That will be the only building not torn down. Gerhardson expects that report this week and plans are already made for demolition. Jabbour asked that the gas tanks be removed in 1993. Gerhardson confirmed that as soon as the buildings are down they can proceed with taking the tanks out. To have a reclaimer grind up the pavement, an additional $3,000 will be required. This amount does not include hauling the material away. E) Hurr stated the County Road 15 public information hearing is scheduled for August 30, 1993 at 7:30 p.m. Plans are available at City Hall for review prior to this meeting. She expressed her concern that someone from the Park Commission attend that meeting because there will be a proposed 8' paved shoulder which would greatly benefit bikers. Support from the Park Commission would be helpful is 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 • MAYOR /COUNCIL REPORT - CONT. F) Hurr referred to the recent hearing for disciplinary action of a City employee. She noted that one of things not in the findings was that there be some notification in the paper that pending action was not upheld by the City Council. She asked that Goetten, who chaired the committee, review this notice. G) Jabbour stated they are very active in trying to bring in new enabling legislation for the LMCD. He talked with the DNR regarding the report of the Task Force. He wants it noted that the City of Orono has a minority opinion included. Hurr thought it unrealistic to expect something by the end of September but probably by the end of the year. POLICE CHIEF REPORT Sullivan provided a statistical update through the end of June. It shows the activity is virtually the same as last year. He expects July and August to be about the same as last year also. Part 1 refers to Felonies (8 of the most serious crimes as designated by the FBI), Part 2 includes other crimes (petty theft, misdemeanor, criminal damage to property, etc.), Part 3 is traffic with the exception of DWIs included in Part 2, and Parts 4 and 5 deal with service calls (medical accidents, found property, etc.). The information sheet will be provided on a monthly basis for future reference. The purpose of the report is to compare the previous year's activity and look • at the contract cities. The report tracks ICRs. Each time the Police Department receives a call for service or they self - initiate an activity, an ICR (Initial Complaint Report) is written. Routine jobs such as delivering Council packets are not written as ICRs. State reports would give greater detail if required. Sullivan noted most people who have things stolen from their yards do not recover them. 4 out of 5 burglaries are not solved nationally. Kelley asked how information could be supplied to the City Council on performance of the officers. Sullivan responded that it is difficult to evaluate but some indicators are absence of complaints and presence of letters of thank you. It is difficult to evaluate how many crimes are prevented by having patrol cars in the City. Hurr asked if there were yearly evaluations done on officers. Sullivan confirmed there were. Hurr asked if these same reports were given to contract cities. Sullivan replied that they received these same reports with a chronological listing of all calls. Each of the cities works with this information a little differently. Hurr asked -for more detailed information on the Orono report since it is available. Jabbour noted the local papers give detailed reports. 10 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD AUGUST 23, 1993 ( #9) SCHOOL LIAISON OFFICER Jabbour suggested that a committee be formed to discuss how the community should be policed. This committee could include one or two councilmembers, someone from every contract city, someone from the North Tonka Crime Prevention Coalition and the school. Mayor Callahan noted that this type of committee is already provided for in the police contracts. Sullivan added this committee has not been utilized in the last two years partly because he has direct communication with each of the City Councils and they have not asked for a collective meeting. Mayor Callahan thought the school liaison officer issue should be discussed in relation to the budget even though that is not the only issue. Hurr thought that if the City, as a contract holder, has written something in the contract that calls for a committee, that they should meet. If you wait until there is a problem to call a committee meeting, the problem may be much bigger. It would be up to the City to initiate these meetings. Sullivan felt it was written in the contract to use if the contract cities wanted to. Mayor Callahan felt this committee should be brought together to at least discuss if they wanted to continue and how to proceed. Councilmembers agreed. • Kelley commented there may be other cities in addition to the contract cities that should be included in the cost of a school officer. Other cities such as Medina and Independence also have children attending the school district. ENGINEER REPORT ( #10) MUNICIPAL STATE AID REVIEW Cook noted there is a booklet available for review that was published in January regarding the Municipal State Aid Review. MSA roads are classified by Council and they must meet certain criteria. Goetten asked when Ferndale Road would be upgraded. Wayzata is involved with this and some issues need to be resolved. Orono would have to annex their right -of -way for about 2 blocks. Cook stated he hoped some time this winter the issues could be resolved to proceed with the upgrade. Kelley asked how roads are designated for repair or upgrading. Gerhardson replied that it depends on the road condition. Major upgrades are brought to the Council for their action. There is a 5 year plan which is reviewed annually by Council. Callahan noted the two current priorities are the Old Crystal Bay Road bridge and Willow Drive. Jabbour noted that sometimes 4 or 5 years of MSA funds are required to do one project. Kelley asked if Council would receive a status report. Callahan requested that Gerhardson forward the current list to Kelley. • 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 is ENGINEER REPORT - CONT. It was moved by Mayor Callahan, seconded by Jabbour, to accept the information in the Engineer's Report. Kelley asked when the work on the Old Crystal Bay Road bridge would be started. Cook replied that it would be in the spring of 1994. Bids need to be obtained. Kelley asked that this work be coordinated with the school district because of bussing. Gerhardson confirmed that he has already contacted the school district regarding this construction with the goal to complete as much as possible during the summer months. CITY ADMINISTRATOR'S REPORT ( #11) OLD CRYSTAL BAY ROAD BIKE TRAIL Moorse reported that the bike trail is a joint project between Hennepin Parks and the City with an agreement for each party's responsibilities. The bids came back above the engineer's estimates. Hennepin Parks has agreed that additional time should be spent to reevaluate the project and details of the agreement and look for additional cost savings. The Park Superintendent recommended to his Board that the bids received for the project be rejected and see if bids next winter would produce better prices. It was moved by Jabbour, seconded by Callahan, to reject the current bids for the joint project • with Hennepin Parks on the bike trail. Ayes 5, nays 0. Mayor Callahan noted the contract with Hennepin Parks was never signed. If it had been, the contract would lapse if bids were rejected. Moorse added that the Park Superintendent is very supportive of the project and wants to continue to reserve funding for the bike trail. Jabbour stated the contract should be signed to recover 50% of the engineering fees. Kelley asked if these fees could be included if another contract were signed this winter. Callahan felt this would be appropriate. Hurr encouraged this project to continue immediately. She spoke with Mr. Bryant who would like to meet with some of the policy makers. She would like a report at the next meeting on the status of this committee. Mayor Callahan asked Park Chairman Flint if there were any further comments. Flint agreed with Hurr noting that the County has allocated up to $325,00 for the project and the City would not want to lose this funding. Mayor Callahan agreed unless cost considerations would prohibit the project. He indicated a contract should be renegotiated with the Hennepin Park Board and look for any alternative locations or standards and specifications that might change the project costs. He offered his assistance in meeting with Mr. Bryant and others to proceed with the project. • 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD AUGUST 23, 1993 OLD CRYSTAL BAY ROAD BIKE TRAIL - CONT. Mayor Callahan commented on the use of MSA funds for this project. He wants to have written confirmation for clearance to use MSA funds from the State. Hun questioned why the cost of the project was so much higher than original estimates. Cook replied that the project was more complicated than originally anticipated. Jabbour noted the bid for the project was about $513,000. He felt the City should approach this with a "win -win" attitude. Some compromises may be possible. Flint replied that an alternative that has been suggested is to pave the shoulder rather than have the bike trail off of the shoulder. That will be a policy decision that should have a determination fairly early. Political opposition could be reduced. This would reduce project costs but the County may not contribute then because it wouldn't meet the criteria for a regional trail. The first step should be to meet with Doug Bryant of Hennepin Parks and then discuss options with Council. Goetten added that if a shoulder bike trail were considered, safety issues are very important. Kelley expressed his concern over the project cost and asked if other possible sources of funding had been explored, i.e. federal, state or foundation grant funds. Cook responded that federal • ISTEA money does provide for trails and pathways but he thought Hennepin County did submit an application for funding and was not approved. Hurr noted that Hennepin Parks recently sent a representative to a 1' /a day seminar on funding and related bike trail issues. She thought that person would be willing to talk to the Park Commission about information she learned. Flint advised Council that there has been a committee consisting of representatives of the Park Commission and OBA appointed to work on resolving the baseball issue. There has been slow progress because of the many variables. They have to work with the school and OBA. Only about 42 % of the people involved in the program actually live in the City of Orono. Access off of County Road 6 or Old Crystal Bay Road is a problem. ( #12) SIX MONTH FINANCIAL REPORT Moorse explained that the report had just been received. Logis had been working on a new format and had problems with their central processing unit. Staff has not had an opportunity to analyze the report and would like to do so and provide an analysis to the Council in the next two weeks. • 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 • ( #13) STEP INCREASE CAROLE HASEMAN Kelley pointed out that he had no problem with an increase for Haseman, he just wanted to clarify how the step increase process works. He asked if there was a probationary period for new employees. Moorse confirmed there is a one year probationary period. Kelley asked how many times during this probationary period the employee's job performance was reviewed with a supervisor to see if it is satisfactory. Moorse stated there is not a formal process for review at a three or six month period, but there is a one year review. At that time, the employee is eligible for a step increase and must be doing satisfactory work. Although there is not a formal evaluation throughout the first year, there would be discussions with the employee about any problems. Kelley felt that with current State laws, it would be difficult to dismiss someone after one year without written evidence that they had been met with two or three times during the year regarding their performance. Hurr agreed. Kelley asked if the step increase after one year was automatic. Moorse confirmed that it was if the employee was doing satisfactory work. The dollar amount is established in the Compensation Plan which moves a step at a time. Portions of the step increase have not been given. The next step increase would be after another year of employment. Employees are hired at the entry rate and then would show greater proficiency after each step increase. The immediate supervisor writes an evaluation on the employee which is then forwarded to the City Administrator for review. Moorse stated the current evaluation form and format are not very • good and staff has been working on a different evaluation. Kelley thought that after 15 or 20 years there should be that many evaluation forms in the personnel file signed by the employee and supervisor. Currently the process has not been followed through so you would not find that many evaluations. Moorse noted the step process is only used for the first three years, then the general cost of living is the only salary increase. Since there are few people hired, the evaluation process has not been followed through. Moorse stated that if there were significant situations that may lead to the need for documentation of performance, a written reprimand would be done. Kelley wanted to be sure that there is a way that each employee in the City is evaluated on his /her job performance once a year in writing. Goetten agreed. Kelley would like to see the department heads meet with the City Administrator to establish a better evaluation format. Jabbour asked if anyone ever went backward on the steps. Moorse replied that the compensation plan says you can. Jabbour thought a merit system could be considered. Hurr reiterated that the step process is only used for three years, then even if an employee were doing an exceptional job, only a cost of living increase would be given. She felt some further reward should be considered and that maybe a step increase should not be given for "just satisfactory" work. Hurr asked to see the current evaluation. Moorse stated it would be better to look at two formats being considered. 14 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING 0 HELD AUGUST 23, 1993 STEP INCREASE - CONT. Hurr asked how many employees are under a contract. Moorse replied that the police officers and lieutenants are unionized and have contracts. Moorse has an employment agreement rather than a contract because it doesn't guarantee a job. The Police Chief has a similar agreement. Hurr asked to see these. Kelley made a motion, seconded by Goetten, to approve the step increase for Carole Haseman per the City's Compensation Plan from Level 4, Step 2 at $11.415 per hour to level 4, Step 3 at $12.049 per hour effective September 9, 1993. Ayes 5, nays 0. Hurr questioned why there is a Step 4 if there is only three years of step increase. Moorse explained employees are hired at Step 1. ( #14) 1993/1994 ASSESSOR CONTRACT Mayor Callahan suggested the assessor contract amount be increased. His service to Orono has been very good and comparable to other cities. Councilmembers agreed. • Hurr compared the City of Shorewood's lakeshore properties to Orono and questioned why Orono was $4.00 more. Erickson explained that Shorewood has more homogeneous properties. She also asked about the total number of parcels. Erickson stated each parcel must be evaluated separately even if they are owned by the same person. Orono has approximately 2800 homes. A motion was made by Mayor Callahan, seconded by Goetten, to approve the contract for assessing services with Rolf Erickson in the total amount of $72,168.00. The contract to run from September 1, 1993 through August 31, 1994. Ayes 5, nays 0. ( * #15) TEMPORARY EMPLOYMENT ORONO GOLF COURSE It was moved by Hurr, seconded by Goetten, to approve the employment of the following persons for temporary groundskeeper helpers at the Orono Golf Course: Nick Bashore @ $5.25 per our effective August 1, 1993 through September 1, 1993. Lar Brown @ $5.75 per hour effective August 30, 1993 through end of season. Ayes 5, nays 0. 0 15 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 • CITY ATTORNEY'S REPORT ( #16) EASEMENT ACQUISITION City Attorney Staunton explained that the last easement for the Stubbs Bay project has been obtained and only requires the Mayor's signature. The Pidgeon's had demanded $14,260 for the permanent and temporary easement. The City offered $4,395 which is what the Pidgeon's accepted. This is not a reduction in their sewer assessment and a separate check will be issued. Gerhardson added this amount is in line with other easements obtained for the project. Staunton asked for a closed Executive Session regarding ongoing litigation. Hun asked if the survey had been sent out. Mabusth did not have final comments from the Planning Commission. Hurr asked that a better term be used than "not much". ( * #17) LICENSES There were no licenses. ( * #18) BILLS It was moved by Hurr, seconded by Goetten, to approve payment of the All Funds Account. • Ayes 5, nays 0. ADJOURNMENT It was moved by Hun, seconded by Jabbour, to adjourn the meeting at 10:10 p.m. Ayes 5, nays 0. . " • %fMayor 16 Is