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HomeMy WebLinkAbout01-28-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 28, 1991 ROLL CALL The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers Diann Goetten, Edward Callahan, and Gabriel Jabbour. The following represented the City Staff: City Administrator Mark Bernhardson, Public Works Director John Gerhardson, City Attorney Thomas Barrett, and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA* Mayor Peterson requested the removal of item #16 from the Consent Agenda. It was moved by Goetten, seconded by Callahan, to approve the Consent= Agenda, with the exception of item #16, which was removed and discussed in the order appearing on the Agenda. Motion, Ayes -4, Nays -0. Motion passed. INTERVIEWS FOR COUNCIL POSITION Mayor Peterson briefly explained the procedure for the applicants to follow and what information the Council would like them to provide. She asked Timothy Pattrin to make his presentation. Mr. Pattrin stated that he has been an Orono resident for the past four years and that he and his wife have two children attending Orono Schools. He said, "My wife and I 'zave both been active in the community. We volunteered to be baseball coaches and this year we will be co- chairs for the Orono Carnival. I have not been able to attend the Council meetings here because my position with the Wayzata Schools requires that I attend their School Board meetings. Those meetings are scheduled for the same night as the Orono Council meetings. If I am the Council's selection for this position, another person will take my place at these meetings." Mr. Pattrin then reviewed his skills and past experience as presented in his resume. He added that he had produced a two -time National award winning program, "Homework Hotline" that was cablecasted in the area. He also was involved with the early stages of development of the inter - active language course between Orono and Westonka Higz Schools. With regard to Mr. Pattrin's interest in serving as a Councilmember he said, "My interest li -es in preserving our quality of life here in Orono. I believe that the next few years are going to be the most critical in Orono's history. We will be making major decisions that will impact every aspect as we know it today." - Mr. Pattrin cited the Highway 12 project, Eurasian Milfoil in Lake Minnetonka and defining the role of the LMCD as some of the major issues. He stated that the City is in need of a new facility as they have outgrown the one existing. He added that he would be interested in serving on the Lake Minnetonka - 1 - J i v j ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED Cable Commission. Mr. Pattrin stated that he is concerned with land annexation, taxes, park and recreational areas, the increasing demands 0:1 the Public Works, Police and Administration. 1 Mayor Peterson informed Mr. Pattrin that the City does currently have an opening for a representative on the Lake Minnetonka Cable Communication Commission and asked if he would be interested in filling that vacancy. Mr. Pattrin replied, "Yes, definitely." Goetten asked Mr. Pattrin if, in lieu of attending Orono Council meetings, he had taken other measures to keep abreast of the City's issues. She also asked whether he had been able to attend any of the Highway 12 Corridor meetings. Mr. Pattrin replied, "I have been in touch with the Building Inspector's office, as well as Michael Gaffron. I have also had contact with the various members of they Planning Commission. I attended the Highway 12 meeting that took place last Wednesday and watched another meeting that was shown on Channel 20." Jabbour asked Mr. Pattrin how much time he believed would be necessary to serve the City in this capacity. Mr. Pattrin replied, "That would depend on what the agenda is for each meeting, and with how many subcommittees I would be involved." Mr. Pattrin proceeded to address each of the issues listed -.in item #3 of the letter the City sent to each applicant. His responses were as follows: Highway 12 Corridor Development: '.'I believe that this issue is one of the two most important issues Orono will face. There is a need to have the upgrade done, but many questions need to be ' asked and problems resolved before plans are made. We need to determine the characteristics of the upgrade, freeway or expressway, number of lanes, how far it will extend, etc. It is my opinion that MNDOT will locate the corridor in the least expensive, azid most straight route. We should have a MNDOT representative present at every meeting to answer all of our questions. We need to consider the impact the corridor will have on the Commercial /Industrial Districts, as well as the results of the Environmental Impact statement that will come out later this year. The three committees must exchange information and work together to make decisions." Long Term Street and Transportation Planning: "This is a difficult time to predict what our long term street and - 2 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED transportation planning will be until we better understand the .Highway 12•project. With respect,to some of the existing roads, would like to reduce the speed limit on Willow by Hackberry Park from 40 m.p.h. _o 25 m.p.h. when children are present. The intersection of Highway 15 and County Road 51 is also a concern. I believe the ti:ze has come to warrant step lights at this intersection. We also need to be sure that the traffic lights proposed for Willow and Highway 12 are installed on or ahead of schedule. The City also needs to focus on County Road 116 and take a stand on that project. The City needs to implement a short and long term plan for maintenance or replacement of bridges. Even though approximately 6% of the population rides the bus to work, I would like to see consideration given to developing a park and ride lot." Facilities Needs: "I tried to find reasons why we should not change our present facilities and could only determine that it is paid for. Another facility is needed because the present facility is cramped and inadequate. Additional area is needed if we hire more employees. The existing storage facility is disruptive to the residential area. The Council Chambers is too small for holding public me=etings. If another facility is not constructed, I would suggest that Council meetings be held at another facility. The Police facility is small and unsecured. Ca:--s are kept outside when not in use and there is no holding cell for people who awe in custody. Sooner or later something will have to done, and the costs only increase. The City must explain in detail why the facilities need to be upgraded and then perhaps bring the issue to a public referendum. Long Lake is also looking for alternative facility needs. It may be logical :o combine our efforE:s and construct a multi - functional facility." Lake Use and Management: "I believe the Eurasian Milfoil has reached crisis proportions and we are not making any headway. It is clear to me that the D�TR, LMCD and Hennepin `Parks are emphasizing recreational use at the expense of the environment. The overcrowding of` boats on Lake Minnetonka and lack of boating safety is unacceptable. It may be appropriate to begin issuing user permits and use the fees for the permits to harvest Milfoil or find a cure. Harvesting i_n 1900 was a losing battle and I do not believe this is the answer. I think we should give special consideration to the marinas and lakeshore property owners. I do not think that Milfoil harvesting should occur in each bay, but rather in the channels and as close to shore as possible. And though we saw the lake level increase, I would oppose any type of, ground water pumping to fill the lake if the need ever arises." Cooperation with Other Municipalities: "I have already stated that it will be important for Orono to join forces with surrounding communities with respect to Highway 12. I believe - 3 - j ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED that the issue of Long Lake annexing Orono's old sewer plant can be resolved under the leadership of our new Mayor and Council. We need to resolve all of the issues that can create hard feelings among neighboring municipalities." Long Term Organizational Planning and Council /Planning Commission Responsibilities & Relationship: "First of all the Council needs to set goals and directions for the various departments of the City. The various departments would then make proposals to Council in response to these goals and objectives. I feel that the City needs to be concerned with the raising of taxes for a new City facility, as well as meeting the requests of other taxing entities. I believe that the improvements need to be done in the building permits and City Ordinances. Some kind of guideline literature is needed to explain to Orono residents when various permits are required." There were no further questions from Council for Mr. Pattrin and Mayor Peterson stated that she appreciated the effort Mr. Pattrin put into responding to their questions. She stated that Mr. 1,ollander had withdrawn his application and asked Mr. William Henney to make his presentation. Mr. Henney stated that he and his wife have lived in Orono for three and a half years. He said, "I enjoy living in Orono and plan on staying for a -chile. Tne notice of this position coincided with a time in my life where I felt the need to become involved with my community. T'.-iough I have no prior experience in city government, I have been a member of a condominium association board for the past five years. That in itself is a community, as there are approximately 170 people that live in the Opus Condominiums." Mr. Hanney briefly reviewed his resume. He stated that one of his interests in becoming a Councilmember is the development of the Navarre Area. He said, "I do many -of my basic business transactions in Navarre. It seems to be an area that will get, and deserves to get, some additional attention from the City." Mr. Henney next addressed each of the issues in paragraph #3 as follows: Highway 12 Corridor: "I don't believe that the Highway 55 option makes sense. In my opinion, it will not relieve the congestion that now occurs on Highway 12 in Long Lake." Long, Term Street and Transportation Planning: "I borrowed a copy of the Comprehensive Plan from the City. Safety is the number one concern. I would like to see some attention and money given to developing bike paths. T -sere has been some discussion regarding private versus public roads. I think that ties'in with the unique character of the City with urban and rural areas. I - 4 - T ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED ° -` think the urban areas require more public roadways. This issue should be considered on a case by case basis depending on where the road is located." Facilities Needs: "I think it is inevitable that the City proceed with the process of selecting a;.-id designing a new facility. A city such as Orono deserves, and would take great pride, in a new building." Lake Use and Management: "Without a doubt, the most important asset of the City is Lake Minnetonka. Lake use and management should always be an important part of the City. I-: should be a number one priority. Preservation, development and recreational quality are important issues." Cooperation- with Other Municipalities: "I would encourage it. I think as time goes on there will be more shared services and expenses. Because of our ties due to Highway 12 and Lake Minnetonka, as well as increases in operating costs, I think it is important that we have good cooperation and communication with other municipalities." Long Term Organizational Planning: "I do not feel qualified to make any specific comments in this regard." Council /Planning Commission Responsibilities & Relationship: "As a newcomer, I cannot say at this point what needs to be changed." Goetten asked Mr. Henney if he preferred a specific corridor for Highway 12 since he had indicated that he did not prefer Highway 55. Mr. Henney replied, "I do not know enough at this point to determine what I believe may be the most preferable corridor. I ,have only the opinion that Highway 55 will not work because it is too far north to alleviate the congestion on Highway 12." Goetten asked Mr. Henney if he has attended any Orono Council meetings o;- Highway 12 Corridor meetings. Mr. Henney stated that he had been unable to attend the Highway 12 meetings, but had been following the issue in the newspapers. Jabbour asked Mr. Henney if he believed there will be another Highway 12 corridor. Mr. ' Henney replied, "I believe there will be a development of a better Highway 12." 5 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED Mayor Peterson asked M. . H,anney what his personally envisioned happening in the Navarre Business District. Mr. Henney replied, "I have talked with some of the Navarre merchants. It is my understanding that there were different businesses in that area prior to the tornado. It seems that the buildings that now exist were just thrown up after the tornado. I. think it is important for that area to have the basic businesses and services that it has now. I do not think the area should expand geographically, but there will be a need to expand the quantity of goods and services generated from Navarre. It will - . be necessary to make better use of the land to accommodate the dditional businesses and higher density." There were no further questions for Mr. Henney and Mayor Peterson thanked him for his presentation. She then asked Mr. Shull to come forward. Mr. Shull stated that though his formal name is Willard, he prefers the name Tony. He said, "I have been a resident of Orono for 22 years and my wife and I have a total of 8 children that have attended Orono Schools. I would like to serve on the City Council to give something back to my community. I have worked with Dayton- Hudson Corporation for the past 20 yea.:s and am currently the Chief Financial Officer. It is mj skill and knowledge of finance that I can offer to the Council. I believe the City of Orono will continue to face many challenges of financing, planning and budgeting of capital expenditures, and re- investment of funds." Mr. Shull reviewed the other information included in his resume and responded to item 03 in the following manner: Tiighway 12 Corridor Development: "I sent Council a note regarding my personal feelings on this issue. If I were selected to be on the -Council, I would have to put my personal feelings aside and represent the needs and wants of the residents. I do believe that wherever the corridor is located, it should not be so large that there are no slowdowns at any point during rush hour traffic. I believe that the Highway 12, long term street, and facilities issues shou._d be addressed by the Planning Commission before Council consideration occurs." Lake Use and Management: "The long term solutions, as with any par's system, is going to require cooperation from many communities and government bodies. I believe that the City Council can play an important role in coordinating those efforts." Cooperation with Other Municipalities: "Cooperation with other municipalities is important with the lake issues and planning of infra - structure. I believe that it is essential to ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED have cooperation with the communities to the east, west, north and south. I am most concerned with the financial liability, or lack - thereof, in the Navarre and Long Lake area, as we look ahead. We need to consider whether the commercial tax base each has will allow them to be self sufficient, or if Orono will have to be prepared to take them over." Long Term Organizational Planning: "If you are referring to the Council Organization, I believe that should be viewed in a broader light. The Council mist work with the Planning Commission and School Board. My own feeling is that many of the issues with which the Council deals, could be delegated and perhaps decided by those other bodies, including the City Administrator. I believe that job deserves more authority to decide issues, rather than bringing many of them to the Council." Council /Planning Commission Responsibilities & Relationship:. "It is essential to those better defined, at least in the eyes of the members, but more so to the residents of the Community. It is important that the citizens know what the role and responsibility of each body is." Mayor Paterson asked Mr. Shull what issues he believed should be decided by the City Administrator, rather than Council. Mr. Shull replied, "I think the City Administrator could deal with decision issues, such as roads, facilities, investment decisions that are within the long range plan guidelines." Goetten noted that Mr. Shull had attended the most recent :highway 12 meeting and asked if he had any opportunity to attend any other Highway 12 or other City meetings. Mr. Shull replied, "I have been attending the ,Highway 12 meetings for several months now. I believe we need to get a better understanding of how MNDOT's decision making process works." Jabbour asked Mr. Shull what he would recommend the City could do to gain better knowledge of that process. Mr. Shull replied, "I believe that it up to the Council and City officials to do whatever they can to determine whether this is a decision that MNDOT or the affected communities will make." Jabbour asked Mr. Shull if his business and family schedule would permit him to allocate the time needed to serve as a Councilmember. Mr. Shull replied, "I believe that I will have sufficient time to dedicate to the Council." - 7 - 1 � ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED Council had nothing further to ask Mr. Shull and Mayor Peterson thanked him for his presentation. Mayor Peterson asked gary Butler to make her presentation. Ms. Butler said, "My interest in this Community has been long- standing. I have worked in this capacity before and enjoyed it thoroughly. I. have no axes to grind and would like the opportunity to serve again. My attributes that would benefit the City Council now is my past experience. I have kept abreast of the . Highway 12, facilities needs, lake use management, cooperation with other municipalities, long term organizational planning and Council and Planning. Commission responsibilities and relationship via the press and my own past experience." Mayor Peterson stated that Ms. Butler had served the City for L6 years. Goetten added, "Mary is a former Councilmember and Mayor of Orono." _.Jabbour asked Ms. Butler why she had decided to come back and lead her services to the City. Ms. Butler replied, "Orono is my home. I would like to give something back to the Community, because I believe that just in living here I take a great deal from it. I found this to be a most rewarding experience and would look forward to doing it again." Mayor Peterson asked Ms. Butle- what -she would like to see happen in the Navarre area. Ms..Butler replied, "It is my opinion that with the existing. property and business owners, you will not see a great deal of change, unless it can happen without cost. On a low -key level I see painting, landscaping, etc. I do not believe that the business owners are making enough money to afford much else." Mayor Peterson asked Butler to give her opinion regarding the role of the Planning Commission. Ms. Butler replied, "The Planning Commission was frequently forgotten, which is to the shame of all of us. We should have been paying more attention t.o the Planning Commission and providing them with more guidance. They are a great resource, but are not used to their fullest capacity." There were no further questions for Ms. Butler and Mayor Peterson thank-ad her for her interest. She then recognized Bob Minkema and asked him to step forward. • f ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED Mr. Minkema stated that he had grown up in the Orono area a-ad attended Orono schools. He said, "I am a self - employed Certified Public Accountant. My wife and I would like to permanently reside in this City and it is my love for the area that compels me to become active in the Community. I believe that becoming a member of the City Council will enable me to preserve the quality life that is important to me and other residents. I am highly motivated ajzd dedicated and have demonstrated that by my participation on the City Facilities Committee. I have attended many Council meetings, in addition to the City Facilities meetings, and am impressed with the dedication of the City Council and Staff and their commitment to providing the residents with a :comprehensive evaluation of each issue that arises. If selected, I would hope that I can provide that same quality of service." With regard to the issues outlined in item #3, Mr. Minkema responded as follows: Highway 12 Corridor Development: "I believe if we need to look at safety and environmental issues and have cooperation between Long Lake and O.r,•ono to find a compromise that will work for everyone." Long Term Street and T-ansportation Planning: "Safety is most important. It is necessary to consider how the City will finance the construction and maintenance of new roads." City Facilities: "There is no question that there is a need. There is overcrowding and unsafe conditions for Staff. The City's equipment is being stored in a building that could collapse at any time." Lake Use and Management: "The Lake affects _everyone, even those that do not have lakeshore property. Preservation of that natural resource must be a top priority. I don't believe we should delegate that to any other body." Cooperation with Other Municipalities: "I think that was need to have better communication with our neighboring communities. The cities should have more joint meetings and try to avoid antagonizing one another." Long Term Organizational Planning: "I believe that any planning that is done must encompass the Comprehensive Plan. Council /Planning Commission Responsibilities & Relationship: "In the past three years, I have dealt with both bodies. In my opinion, there seems to be a redundancy that exists in the review process of zoning applications. It seems that Council does not readily accept the recommendation from the Panning Commission i ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED and spends time reconsidering all of the issues first considered by the Planning Commission. I believe this to be a waste of the Planning Commission's talents." Callahan asked Mr. Minkema to give his opinion regarding the Stubbs Bay sewer problem. Mr. Minkema replied, "I reside in the Stubbs Bay sewer area, and appeared before the Council two years ago asking about that very problem. I have had experience auditing and working with other municipalities and school districts. Ten years ago, a sewer project such as this would have qualified for federal financing and state - matching grants. That funding is no longer available. It is obvious, from walking in the area, that there is a problem with the existing septic systems. However, I believe that a $16,000 assessment is a little high just to be able i.o flush a toilet. That does not include connection charges. The value of the homes in that area average $38,000, some are less than that. The City may have to decide whether the houses should continue to exist, and if so, then the City may have to absorb some of the cost of this project." Mayor Peterson's question pertained to Mr. Mi.nkema's involvement wish the City Facilities Committee. She asked, "Do you feel there is something in particular that you did not get from tha•c Committee. Is there any information you would hope to see when the group reconvenes ?" Mr. Minkema replied, "In my opinion, it seems that all of the Committee members did not feel we were done. There were no further notices or information as to whether the project was being put on hold or would proceed. The papers reported that the price tag had been inflated, yet a site had not been selected and building size and specifications had not been determined. I think we were putting the cart before the horse. T'ie estimate is 3.6 million dollars, but we have not seen a plan. How can materials be chosen to equal that amount when the building location is unknown? I wouJ.d assure that everyone on the Committee is anxious to reconvene and continue the planning process. Council had no further questions for Mr. Minkema. Mayor Peterson thanked him for his presentation and asked Charles Kelley to present his information next. Mr. Kelley stated that he and his wife had moved into Orono in 1978. He said, "I became an Orono Planning Commission member in 1931 and have served as a member and more recently, Chairman, since that time. Tile reason I became I involved was because of the rural residential acreage. I wanted to live in a community with my children where we could have outdoor recreation and see - 10 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED wildlife. I also believed tha "t the City would be under great pressure to develop as the year's went by. I got involved to help preserve the two and five acre residential areas. I would do everything in my power, if appointed to Council, to adhere to those zoning codes and the Comprehensive Plan. I believe that it is important for Planning Commissioners and Councilmembers to listen to the residents and then formulate decisions. I relieve that listening is very important. The issues Council now faces, in my opinion, are the pinnacle of all the planning Orono has done since 1975 and prior to that. Zoning, municipal sewer, roads, private roads and Highway 12. That is what interests me in the City Council. My attributes a.:e that I am young and have two young children growing up through the Orono Schools. I am involved in the Community through athletic and community programs. I get a lot of feedback from residents in the Community as to what they like or dislike, what they would like to see. I also started my own business two years." Kelley's responses to the items listed in paragraph #3 are as follows: Highway 12 Corridor: "I think it is important to listen to the Community first. We are here to represent them first before anyone else. If a particular corridor is proposed, we have to listen to the residents involved in that corridor. I strongly favor residential over commercial. I have always opposed commercial development in Orono. The corridor selection process will be very difficult. In my own opinion, it should left where it is. I believe that a lot of negotiation can be done with Long Lake in that regard." Facilities Needs: "I definitely think a new facility is needed, though I am not sure about the location. The City has some fiduciary responsibility to tax dollars.' The City' is fortunate to have the credit rating it has, and I am adamant that it must be maintained. I believe there is a relationship between the City's credit rating and the fact that we have not approved one subdivision based on revenue capabilities." Lake Use and Management: "I am appalled at what_ I see other communities doing to wetland areas. I avidly support the protection of wetlands. Lake Minnetonka is our primary resource and the City of Orono has been a leading community in protecting that resource. The City needs to continue to uphold our setback and hardcover standards. I relieve we have not been as strict as we should be." Cooperation with Other M-anicipalities: "Th=s is a -rust. Long Lake is the city that comes to everyone's mind. We must - 11 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED work together with the City of Long Lake. Due to continued cuts in federal and state funding, it may be appropriate to consider joining the two cities. I believe that the issues of facilities needs and Highway 12 have forced us to begin considering that possibility." Council /Planning Commission Responsibilities & Relationship: 'That has been very interesting over the past two or three years. Prior to that, during the Brad VanNest and Mary Butler terms, there was more communication between the two entities. There has been a lot of friction in the last two or three years and communication has been poor." Mayor Peterson asked Kelley if he had any ideas that would help to bring the two entities together. Kelley replied, "I believe you bring them together with trust. The only way you develop trust with people is to talk to them.. I think the Council needs to talk to the Planning Commission, expla'_n concepts and the direction in which the elected officials would like to go." Goetten asked Kelley whether it would be possible to compromise his position regarding the location for the Highway 12 corridor. Kelley said, "Yes, definitely. However, I do believe that Orono and Long Lake must get together, no matter where the corridor is located. Perhaps the two cities should be combined. In my opinion, i Highway i_2 is moved off of its present location, there will be extreme pressure for commercialization along that corridor for gas stations, super markets, etc. . I believe that the elected officials and Planning Commissioners do not want to se additional commercial development. If the corridor is located north or south, it would be in residential areas and would require a major revision of the entire Comprehensive Plan and zoning Districts." Goetten asked Kelley whether, in his opinion, the_ Planning Commission should be, involved in the Highway 12 corridor selection process, and whether the Planning Commission as a whole wishes to be involved. Kelley replied, "I am happy to be involved in this process and have been involved for some time." Jabbour said, "It appears from your comments that you believe the City has drifted off course over the last years. Is that correct ?" Kelley replied, "Absolutely. - 12 - The course was established ORONO COUNCIL MEETING HELD JANUARY 28, 1991 COUNCIL INTERVIEWS CONTINUED when the Comprehensive Plan was prepared and adopted. I still believe in that Plan." Jabbour asked Kelley whether in his opinion, it may be difficult for the- Planning Commission to change roles if the City Council redefines it. Kelley replied, "I believe there are some people on the Planning Commission that do not understand the role they are being asked to carry out. We have had several new Planning Commission membe:-s over the last few years. I do not believe there has been any joint meeting where Council has indicated what they expect of the Planning Commission. As to the Planning Commission's flexibility, I hope they can change. These people have taken the time to be involved, and can hopefully be flexible enough to understand the City's direction." Jabbour thanked Mr. Kelley for all of his time he has dedicated to the City. Mayor Peterson stated that Marvin Kramer is also withdrawing his application. She again thank-ad all of the applicants for attending t:ae meeting and for their presentations. Mayor Peterson added that Council has a difficult decision to make, but would reach a decision in two weeks. Goetten expressed her appreciation for the applicants interest and efforts and was pleased to see that people wish to become involved. Callahan urged the applicants to seek positions that may be available on the Park Commission, Planning Commission, or other committees, should they not be appointed for the Council position. Jabbour stated that Orono is fortunate to have so many quality people interested in serving the Community., APPROVAL OF MINUTES* It was moved by Goetten, seconded by Callahan, to approve the Minutes of the Regular Council Meeting held January 14, 1991. Motion, Ayes -4, Nays -0. Motion passed. PUBLIC COMMENTS: Goetten informed the public of an upcoming Hennepin County Property Tax meeting. She said, "This will be an information meeting and it is scheduled for February 7, 1991,• from 7:00 p..m. to 9:00 p.m. at the Wayzata Junior Hig:i School." Mayor Peterson added, "It is my understanding that the meeting will be a panel discussion, with a town meeting - 13 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 PUBLIC COMMENTS CONTINUED atmosphere. I have been told that Tad Jude, Gen Olson, Steve Smith and other elected officials will be present." ZONING ADMINISTRATOR'S REPORT: #1614 JACK RHODE, 1690 SHADYWOOD ROAD RENEWAL VARIANCE RESOLUTION #2921* It was moved by Goetten, seconded by Callahan, to adopt Resolution #2921, granting renewal of hardcover Variances approved in Resolution #2769. Motion, Ayes -4, Nays -J. Motion passed. MAYOR /COUNCIL REPORT: PARK COMMISSION APPLICATIONS Bernhardson asked Council if they wished to interview the Park Commissioner=s that are re- applying, Richard Flint, Susan .Iilson, and Jim Gilbert. Mayor Peterson stated that there is no need to interview the persons currently serving, only the new applicants. Jabbour asked if it may appropriate for Council to have a copy of attendance records when considering the re- appointment of individuals. Council agreed that would be helpful. Mayor Peterson stated that would apply to the Planning Commission as well as the Park Commission. OTHER Callahan stated that it has come to his attention that surrounding communities are having new wetland inventories taken. He suggested that Orono do the same. Callahan stated that the City should re- examine the issue of landscaping plastic and how it is being used as a bargaining tool to gain structural hardcover. Goetten agreed and suggested that the issue should also be discussed with the Planning Commission. Jabbour suggested scheduling a work session for Council and the Planning Commission so that Council could discuss their position on some of the City's major issues. He said, "We should try to explain to the Planning Commission what role we believe they should play. Triere may be some individuals that may not wish to take on that role." Mayor Peterson asked Charlie Kelley if he could suggest a - 14 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 MAYOR /COUNCIL REPORT -OTHER CONTINUED time that may be most convenient for the Planning Commission to meet with Council. Kelley noted that the Planning Commission has scheduled a work session for February 6, 1991 to discuss the Highway -0_2 issue among themselves, and suggested.including the Council. Callahan stated that Council should first meet to reach a consensus regarding their position on the various issues. Council agreed that they would work with Staff and Planning Commission to determine a date to hold the work session. Jabbour stated that the City should be careful to schedule its meetings so that they do not conflict with the LMCD or Highway 12 meetings. He said, "I think it is essential for some of us to attend those meetings." CITY ADMINISTRATOR'S REPORT: STREET CONVERSION ORDINANCE #92 SECOND SERIES Bill wear was present and expressed his opposition to this Ordinance. He said, "This is the second time the City has taken our property without paying us anything. The first time involved easements taken for 01d'Crystal Bay Road. Now the City is taking property that- I am paying taxes on. Is it my understanding that the City is now taking over all private roads ?" Mayor Peterson replied, "No, the City is not taking over all private roads." Mr. Wear said, "So the City is discriminating against me and taking just this one." Mayor Peterson asked the -City Attorney to respond to Mr. Wear's question. Barrett replied, "Yes, that is correct. It is a form of discrimination, but it is legal." Mr. Wear said, "We'll see if it is legal, we're going to test that. We have every intention in the world of getting paid for it." Jabbour clarified, "The City is not discriminating against Mr. Wear, but rather against this particular street." Mr. Wear reiterated that he is paying taxes on this road, which is an outlot. Jabbour said, "Mr. Wear would be relieved of any - 15 - ' I ORONO COUNCIL MEETING HELD JANUARY 28, 1991 STREET CONVERSION ORDINANCE CONTINUED responsibility of paying taxes on that road." Mr. Wear said, "It is my understanding that I would still be responsible for the road from where it touches our property to the other end. How will the road be maintained? Who is dividing it up ?" Bernhardson replied, "The City is going to take over the road completely." Mr. Wear said, "The City is going to take over the road completely, but will not pay for it. I believe I should be compensated for it." Mayor Peterson stated that she had raised the question of compensation to Mr. We at the last Council meeting. She asked Barrett to reiterate what his response to her question. Barrett said, "When the land was subdivided, Mr. Wear provided the City with an easement for the road it is now declaring public. When that easement was granted as a condition of the subdivision, Mr. Wear gave up all rights to the property, depending on when the City want-ad to open up the public road. That time may have come, depending on how Council votes on this Ordinance. If Council adopts the Ordinance, it is exercising the property rights it already holds to open the road to the public. That exercise of an existing property right by the City Council, does not require, in my judgment, compensation to someone who has previously held that property as a private road." Bernhardson added, "City Attorney Barrett had also stated at the last meeting that under most normal circumstances, roads in a community are dedicated public at the time of subdivision. It is than the responsibility of the subdivider to construct the road and turn it over to the City. It is just a ;.natter of timing. The City could have taken the road when Mr. Wear's subdivision was completed. T "-ie City is not doing anything unusual." Ms. Priscilla Elder, 2850 Wear Circle, asked if the City was in fact taking over the maintenance of the road, and, if so, when that would become effective. Bernhardson state become effective once 1991." Ms. Elder stated her, nor her husband, public:" d that the Ordinance, if adopted, would it is published on Monday, February 4, that aside from those questions, neither had any concerns about the road becoming Mr. Michael Sievert, 85 Wear Lane North, stated that he paid - 16 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 STREET CONVERSION ORDINANCE CONTINUED for 1 /6t.h of the road when he purchased his lot and felt that some compensation would be due. Bernhardson e::plained that in the normal subdivision process, the subdivider pays for all public improvements, such as sewer, water, and roads. He said, "Once the subdivision is completed and the improvements are installed, those are then dedicated to the City. In this case, there is no municipal water or sewer. At the time Mr. Wear's subdivision was completed, the road was to remain private, but the City was granted a public road easement for future use. The City is exercising rights that were given to it and no compensation is due." Cities traditionally do not bear the cost of providing roads to new developments." Jabbour stated that he was sensitive to Mr. Wear's comments about his rights being violated and wanted to clarify some questions he had. He asked whether any subdivisions could exist without an access road to serve it. Bernhardson replied, "That is correct. The City's Code would not permit that many lots to be subdivided without a road to serve it." Jabbour asked, The City requires these roads to be constructed to City standards, isn't that correct? If the City had constructed the road, rather than Mr. Wear, wouldn't it have assessed the cost of construction back to Mr. Wear ?" Bernhardson replied, "That is correct. The City's private road standards are equivalent to the standards for public roads." Jabbour asked if it is the City's philosophy to require the road easement to avoid the possibility of creating landlocked properties. Bernhardson replied, "The City's philosophy is that private roads be constructed in subdivisions that occur in rural areas. In each of those subdivisions, whether there are two or twenty lots, the City has always taken a public road easement for the future possibility of acquiring the road. The Comprehensive Plan states that private roars should only serve a maximum of ten lots. It is the City's expectation, given the property in this area, that there will be more than ten lots when it is completely developed. The City is attempting to serve this area with one road, rather than having a several small driveways serving long, narrow properties. We are attempting to consolidate the transportation needs away from direct access onto Old Crystal Bay Road." Jabbour stated that there could be a worse case scenario for - 17 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 STREET CONVERSION ORDINANCE CONTINUED - Mr. Wear if the City allowed the road to remain private, yet permitted certain people to cross the road for access purposes, because it would then be Mr. Wear's responsibility to continue maintaining the road. Barrett agreed, stating that the City had passed an Ordinance in that regard last summer. It was moved by Callahan, seconded by Mayor Peterson, to adopt Ordinance #92, Second Series, declaring Wear Lane and Wear Circle public streets and that upon publication, Wear Lane North and Wear Circle will be maintained by the City. Motion, Ayes--4, Nays -0. Motion passed. LMCD COMPREHENSIVE PLAN AND SHORELAND REGULATIONS Bernhardson presented Council with updated information regarding the LMCD's progress with their Comprehensive Plan. Goetten stated that she was appreciative of the information provided by Councilmembers Jabbour and Callahan. Callahan said, "I believe there are still things to be done. The Metropolitan Council indicated to us that it is essential for the various communities :o get control of the LMCD representatives. The City of Orono does not have that problem, but unless we can get the other cities with a problem over that hurdle the Plan will be ineffective. The LMCD has been stating that the Metropolitan Council has no authority over the Plan. However, the Metropolitan Council does not share that view. Met Council is saying that they have the power to stop implementation of the Plan entirely, as wall as any changes the LMCD may propose. There seems to be a discrepancy." Jabbour was concerned that the LMCD had elected to allow only a.90 -day review period of the Plan, yet the cities had requested the Metropolitan Council to allow six months. Bernhardson stated that the time period will in fact be 90 days. He said, "It may be possible to have that period extended for another 90 days." Jabbour said, "It is my understanding that if the LMCD does not get a consensus, the Plan will then be sent to the legislators." Callahan replied, "That is what has been said, but I'm not sure what they will do." Jabbour stated that,he does not wish to have the legislature involved with Lake Minnetonka. ORONO COUNCIL MEETING HELD JANUARY 28, 1991 LMCD COMPREHENSIVE PLAN CONTINUED Bernhardson said, "I think that may have been the Metropolitan Council's way of telling the local communities to come to terms, or they will lose what authority they have." Goetten asked the City Attorney if he had been able to research the issue of the LMCD representative's term and what must be done to remove an individual from that position. Barrett replied, "The statutes set forth the length of the term, which is three years. However, the statutes provide nothing for the removal of LMCD representatives." Jabbour said, "I have been reading the DNR's criteria set forth in their guidelines. I got the impression that all of the adjacent municipalities have to approve any diversion. Consequently, I concluded that we did not participate with the LMCD in negotiations for the adoption of their Shoreland Regulations. If the LMCD chooses to have their own version, rather than using the boiler plate version, do they have to come to Orono for our approval? i would be interested to know if that is the case." Callahan also asked Barrett to research when the three -year terms of the LMCD representatives began and when they are due to end. There were no further comments regarding this informational item, and Council took no formal action. POLICE CHIEF SELECTION Mayor Peterson indicated that she did not agree with the concept of spending $15,000 to $18,000 to hire an outside firm to assist with the hiring process. Bernhardson replied, "That amount represents the cost for hiring an outside firm to handle the entire process. I believe that amount would lessen as the amount of involvement decreases." Goetten said, "I assume there would also be some changes if we conducted the search statewide, as opposed to national." Bernhardson replied, "That is correct." Goetten asked Bernhardson if confining the search to a state level would be sufficient. Bernhardson replied, "I believe there are a number of very qualified people in the State of Minnesota. I believe Minnesota has more professional police departments throughout the State, than found in other states." - 19 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 POLICE CHIEF SELECTION CONTINUED Mayor Peterson stated that Council's worksheets will be completed by Februarj 4th. FACILITIES WORKSHOP Goetten questioned whether Council would have sufficient time to accomplish what needed to be done with respect to the Facilities Committee role, if any, prior to the expiration date of the land option agreement. She said, "I think if we hold this meeting in the middle of March, it may be too late." Bernhardson explained that indicated because it allowed time filled. Mayor Peterson asked Council workshop. She suggested the Pla Group and Council. he had suggested the dates for the Council position to be who they wish to have at this nning Commission, the Citizens Jabbour said, "It seems to me that the Council has very strong feelings about the facilities. It may be appropriate for Council to share their views with the Committee, rather than having the Committee out in left field." Callahan stated that Council must select a site first, and then determine whether the scheme that has been shown represents the size building we would like to have. He said, "Mayor Petersen and I have never felt strongly about having all of the buildings on one site. Cost seems to be the major factor. It seems to me that if we determine that the scheme that has been shown to us is larger than we actually believe we need, then it would shed a different light on the cost of the building because the square footage may be less. We have been told the building will cost $85.00 /s.f. to construct." Goetten said, "I have been told that $85.00 /s.f. is fairly extravagant.' I would like to see if there are other options. People are paying taxes through the nose. We need to assure them that we have explored every option and that the proposal is the most cost effective." Mayor Peterson stated that the issue of operating cost differences between they Highway 12 and Crystal Bay locations has never been discussed. Jabbour said, "We need to determined if the City of Long Lake should be asked whether they wish to share our public works facility. That may be a driving factor in the where the facility is located.. Long Lake has indicated that they may wish to share our facility, but they do not want it located on Casco Point. We need to provide the Facilities Committee with a list before they go shopping." X40= ORONO COUNCIL MEETING HELD JANUARY 28, 1991 FACILITIES WORKSHOP CONTINUED Callahan said, "The Council has to either start with the building or the site." Jabbour stated the current market is right for the City to undertake the. project at a reasonable cost. He said, "Council must move this issue along, not hastily, but with as few delays as possible. I would like to see the Council reach a decision as to whether all the facilities should be on one site or two." Mayor Peterson said, "I have always been in favor of having the police and administration on the present site and public works on the Old Crystal Bay property." Goetten stated that she had favored having all of the departments on one site. She said, "I believe that having everything together was more cost effective. However, I am not committed to that, if there are reasonable alternatives. Another concern of mine is the proximity of the facility to the community." Jabbour said, "I have changed my position and now believe that having two possible may be the better alternative." Callahan said, "Whether there are two sites or one, we need to determine where we can begin construction or a new public works facility. The existing shed is ready to fall down." Jabbour stated that the Highway 12 site was preferred because it met the most criteria. He said, "I am very concerned, however, about where the Highway 12 corridor will go in relation to that site." Bernhardson said, "Whether there are two sites or one, construction of the public works building could proceed once a site is selected. Thus far it has been determined that the best location for the public works would either be Highway 12, or the old sewer plant site." Callahan said, "Let us tentatively decide that we are going to have two sites. Let us then assume that Staff will now look for a site where we can build a public works site. The City does have an option on the Highway 12 property. Now that we have made that decision, we can turn our attentions to the type of building that we will put on the site." Mayor Peterson noted that an architectural class at the University is assisting with the design of the building. Bernhardson said, "It is my understanding that the class is working more with internal arrangement, rather than external characteristics. The class consists of first and second year - 21 - ORONO COUNCIL MEETING HELD JANUARY 2.8, 1991 FACILITIES WORKSHOP CONTINUED architectural students. I do not know that they will provide us with any solutions. If Council would lice another design to consider for this site than what you have seen, Staff needs some criteria." Mayor Peterson stated that in her opinion, the structure that was-present-ad did not appear to be designed for this area. -- I . Goetten and Callahan concurred. Callahan stated that the - building was presented with the hope or intention that it would be constructed on Highway 12. Goetten agreed that there was no consideration given to the present site. Bernhardson asked Council to consider what characteristics were undesirable in the building design that was presented. Callahan said, "The architect objected to the building design for this site because it was too large. Perhaps if he knew that we are considering this site, he could make his OWn adjustments. I think it would be appropriate for us to look at the old d:=awings and determine what we like or dislike." Bernhardson said, "The first question is the size of the building, second is the quality of materials, and third is design.. Once the architect knows what kind of square footage he is dealing with and quality of materials he will need to use, he can go back and design a building for this site. If Council has any specific ideas that would make the building more suitable for this site, please let me know." Jabbour asked if Staff could provide information showing the pros and cons of two sites versus one site. Bernhardson said, "I think operationally in the long term, it would be much better for the organization if everything was on one site. When there are separated sites, animosity- tends to build among employees. I believe the organization here began pulling apart when the police department moved to Long Lake. From a cost standpoint, it would be necessary to install a well at this location. It will also be necessary to include some accommodation for the post office. Additionally, there is the issue of delays and whether construction of the administration building could begin before the old building is removed. There may be additional costs involved with moving and renting other space. I believe they Highway 12 location is setba ^_k .far enough where the location of Highway 12 wL11 not be an issue. I have always thought that the sewer plant property is the most centrally located and for both facilities would be the best option. However, objections were raised to that site because of the residential area. I do not believe the issue of driving time to this site versus Highway 12 is very significant." - 22 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 FACILITIES WORKSHOP CONTINUED Mayor Peterson asked Bernhardson if the Crystal Bay residents had been asked to give their opinions about continuing to use the present site for City facilities. Bernhardson stated that he had not done a survey of the Crystal Bay residents. Callahan suggested that Staff send a post card to residents asking them to express their opinion. He said, "Explain to them that we are considering a two story building with the police department. It would also be helpful if Staff could circulate again the figures it has regarding the comparative costs." It was the consensus of Council to delay the scheduling of the Council workshop until the February 11, 1991 Council meeting. MUNICIPAL BOARD HEARING UPDATE* / It was moved by Goetten, seconded by Callahan, to accept the information presented by Mark Bernhardson regarding the upcoming Municipal Board Hearings. Motion, Ayes -4, Nays -0. Motion passed. OPTION EXTENSION - HIGHWAY 12* It was moved by Goetten, seconded by Callahan, to direct staff to extend the option for the property on Highway 12 in accordance with the terms of the Agreement dated August 30, 1990. Motion, Ayes -4; Nays -0. Motion passed. AGENT OF RECORD /ADDITIONAL VEHICLE INSURANCE 1991* It was moved by Goetten, seconded by Callahan, to appoint Mr. Duweyne Carlson, Apple Valley Agency, as Insurance Agent of reco:=d for 1991 at a fee not to exceed $5,800.00, including ` commissions earned through policy premiums paid by the City; and to award the 1991 insurance for the additional City vehicles to the LMCIT effective January 1, 1991, as proposed. Motion, Ayes -4; Nays -0. Motion passed. ADMINISTRATIVE AND PER RESOLUTION #2922* It was moved by Resolution #2922, as being the update to Rules. Motion, Ayes -4 SONNEL POLICY UPDATES Goetten, seconded by Callahan, to adopt the adopting agreement for Attachment B the City's Administrative and Personnel Nays -0. Motion passed. REQUEST FOR FUNDING* It was moved by Goetten, seconded by Callahan, to authorize the payment of the amounts as outlined in Attachment A, as budgeted amounts for 1991. Motion,. Ayes -4, Nays -0. Motion passed. - 23 - ORONO COUNCIL MEETING HELD JANUARY 28, 1991 ADMINISTRATOR'S INFORMATION Mayor Paterson requested the removal of this item from the Consent Agenda. She stated that the "Laker" newspaper does not include information pertaining to Orono. Size said, "Not everyone residing in Orono receives the Pioneer." Bernhardson stated that the City Clerk will be receiving a map showing the circulation areas for the Pioneer. Callahan referred to the November receipts and disbursements information and asked Council if they had reviewed it. He stated that revenues are becoming a concern and we should continue to monitor them closely. Bernhardson stated that Orono was more fortunate than other communities that have still been receiving State and Federal aid. He said, "The City of Orono will not lose more than $2,000 or $3,000 this year as a result of diminishing State and Federal funds." It was moved by Mayor Peterson, seconded by Callahan, to accept the City Administrator's Information regarding: 1991 DARE Program, Newspaper Area Coverage, November Receipts and Disbursements, and Wire Transfers. Motion, Ayes -4, Nays--O. ,Motion passed. CITY ATTORNEY'S REPORT: None. LICENSES Goetten expressed concern regarding the number of businesses that are selling cigarettes over the counter. Bernhardson stated that he would look into the issue further. It was moved by Goetten, seconded by Callahan, to approve the following license(s): Over the Counter Cigarette: Wayzata Country Club Keaveny's Navarre Drug Jimmie's Lounge Rick's Super Valu O'Sullivans Orono Self Service Navarre Liquors Navarre Bowling Lanes Navarre Amoco Motion, Ayes -4; Nays -0. Motion passed. - 24 - r ORONO COUNCIL MEETING HELD JANUARY 28, 1991 BILLS* It was moved by Goetten, seconded by Callahan, to approve payment of this All Funds Account. Motion, Ayes -4, Nays - -0. Motion passed. ADJOURNMENT It was moved by Goetten, seconded by Jabbour, to adjourn the Regular Council Meeting at 9:40 p.m. Motion, Ayes -4, Nays - -0. Motion passed. Barbara A. Peterson, Mayor •- 25 -