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HomeMy WebLinkAbout03-25-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 25, 1991 ROLL CALL: The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler. The following represented the City Staff: Cite Administrator Mark Bernhardson, Public Works Director John Gerhardson, City Attorney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p.m. ( #1)PUBLIC HEARING -CDBG YEAR XVII ALLOCATION The Affidavit of Publication was duly noted, and Mayor Peterson opened the Public Hearing at 7:00 p.m. Bernhardson list- =_d the organizations to which Community Development Block Grant monies would be allocated and stated the amount each is proposed to receive. He explained that the allocations, totaling $26,175, could be re- distributed among the organizations list- =_d subsequent to the Public Heari:ag being closed if there is citizen input so requesting. Bernhardson added that it would be necessary to hold another Public. Hearing if there is a request to allocate CDBG monies to an organization or category not currently listed. Mayor Peterson closed the Public Hearing at 7:02 p.m. She explained that persons present on behalf of the organizations listed may wish to hear the motion before making any comments. It was moved by Butler, seconded by Goetten, to adopt Resolution #2944 allocating CDBG funds as follows: Interfaith Outreach $ 2,500 4estonka Intervention 11000 Westonka Community Action 400 Westonka Community Action 1,200 Housing Rehabilitations 21,075 f)ale Woodbeck, representing the Westonka Community Action Network, took this opportunity to present the City with updated -information about that organization, and thanked the Council for their support. Motion, Ayes -5; Nays -0. Motion passed. ( #2)PUBLIC HEARING - NAVARRE HEIGHTS DRAINAGE Mayor Peterson re- convened the Public Hearing on the Navarre Heights Drainage at 7:03 p.m., and the Affidavit of Publication was duly noted. Bernhardson provided a brief explanation of why this matter had been previously tabled. He stated that a letter had been received by the City on the date of the last scheduled Public - 1 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #2)NAVARRE HEIGHTS DRAINAGE CONTINUED Hearing, and the matter was tabled to allow time for Council to review that letter. Bernhardson explained the proposed project, noting that the project costs would be assessed to residents in the area of the project at an estimated cost of $700 per lot. He asked Glenn Cook to display the overhead showing the project area. He said, "This project called for the installation of storm sewer pipe from Livingston A °ienue through what is known as the Cuff property to Crystal Place. At the Public: Hearing last Fall, there was concern regarding drainage on the north side of the railroad tracks and Togo Road. That issue was reviewed by the City Engineer who determined that installing the pipe on Livingston would not increase the drainage problem on Togo Road." Cook used the sketch to show the drainage pattern in the Livingston Avenue area and how it drained under the railroad tracks to the Togo Road area. He indicated that the property owners of Lot 14 (3635 Togo Road) are experienci ::ig the most severe water: problems in the T.:-)go Read area. He said, "We discussed their water problems with them and will work with them to try to improve drainage over their p-operty. The water problems for that property will not change if the Livingston Avenue project is done." Bernhardson reviewed the process that would occur following this Public: Hearing, if in fast the Council votes to advertise for bids. Mayor Peterson explained the procedure to follow for those wishing to participate =_n the Public: Hearing. She then recognized Tony Gleekel, the AiCtorney for Mark and Karen Cuff. Gleekel referred to his March 20, 1991 letter which he had sent to the City and asked Council if t;iey had received and reviewed that letter. Council indicated that they had read Gleekel's March 20, 1991 letter. Gleekel said, "I would hope that a final decision would be made this evening to advertise for bids and that the matter not be tabled. Since the December 10, 1990 Public Hearing, new circumstances have risen, which support the Cuff's claim that they have a water drainage problem. The Cuffs have had to pay approximately $15,000 :o repair the foundation of their' home which has suffered extensive water damage. The Cuffs house sits fairly low in relation to neighboring properties. The only way that drai,iage problems resulting from that situation can be addressed is by installing an underground pipe. Other alternatives have been explored throughout the review of this issue and it has been determined that there really are none. - 2 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#2)NAVARRE HEIGHTS DRAINAGE CONTINUED This problem is not just the Cuff's but is experienced by other neighbors with low - lying properties. The problem is that the neighborhood is old aced requires more infra - structure than what was installed when the neighborhood was first developed. We would like to see the Council vote to order the bids on this project." Peter N:iesen, 3533 Livingston Avenue, stated that there are a number of low spots in the Livingston Avenue area, and that he would rather s:;e the City approach this problem in a comprehensive manner. He said, "Those of us opposing the project: do not feel that it will benefit us and object to a plan that will basically relocate the problem." Karen Schriver, Attorney with Lindquist and Vennum, stated that she was present on Bob Mitchell's behalf, and represented the homeowners opposed to the project. She said, "I would like to reiterate that this is an old neighborhood and the street has had low spots for a long time. There are solutions to the drainage problem other than installing drainage pipe. One solution is to allow the water to continue to flow over the land as it has for years. Lot 17 has been a low -lying area for some time. The common law in Minnesota is that you allow water to flow downhill. That is what has been occurring acid should continue to occur. If there is in fact additional pending problem, it is the neighbors' viewpoint that most of that is due to erosion that has occurred on the Cuff property, and that the Cuff's have not addressf�d the problem by providing proper landscaping. I would venture to say that if the Cuff's home was constructed prior to 1950 and is just now experiencing foundation problems from water, that perhaps the water problem did not worsen until the grade on Lot 17 changed. Regarding the property may solve the problem w..thout the need to assess the entire neighborhood. There are several elderly people n the neighborhood who cannot afford the special assessment costs. Tide neighbors should not have to take responsibility for the Cuff's problem. The Cuffs should have been aware of the water problem on Lot 17 prior to purchasing the property because they live adjacent to it." Beth Escher, 3556 Livingston Avenue, stated that the Cuffs were aware that the house they purchased is located in a low spot. Sine said, "A lot of factors go into determining a purchase price. It is up to the buyer to determine what you can and cannot live with. The project does not benefit the majority of the neighbors that would be assessed. It will only benefit a few homes, but is being spread out to cover quite a large area." Shirley Spalding, 3508 Livingston Avenue, stated that her property is located uphill from the Cuff property. She said, "I x. F }. REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #2)NAVARRE HEIGHTS DRAINAGE CONTINUED too have a water problem in my basement. However, I am not asking my neighbors to be assessed to fix my problem. When we purchased the house we knew there would be a problem and that we would have to take care of it I do not expect my neighbors to pay for my problems." Paul Anderson, 3533 Crystal Place, stated that it is his understanding that the storm sewer would run through his property. He said, "I can understand and have seen the problem that the Cuffs are having. I also have standing water in my front yard. I nave no objections to Orono putting a storm sewer through my property, as long as it does not cost me any money. I will give an easement as long as my property is restored to the way it was." Lupe Gomez, 3=88 Livingston Avenue, stated that he currently has approximately six inches of water in his basement, which is not unusual. He said, "As it has been stated before, I do not expect my neighbors to pay for my problems." Jim Smith, 3580 Livingston Avenue, stated that he has supported the project from the beginning and continues to do so. He said, "The problem is not going away and is something that must be addressed. The Cuffs have paid to take care of the water in their basement. T:-iat is not the issue here. The issue is the water that is ponding on Livingston Avenue, and the underground piping would solve that problem." Kent Eastlick, 3640 Togo Road, stated that he appreciates the water problem that the Cuffs and Smiths are experiencing_ He said, "I live downstream and already have a water problem. The neighbors across the street from :Is constantly have water in their basement from the ponds in the area. I have been told that this project is not going to affect us, but that water from Livingston will now drain at a faster rate to my area. The drainage ditches near my property have to be cleaned out, and I want to be sure that the City does not table this issue and forget to clean out the ditches. We are more than happy to work with the City." There were no additional comments from the public, and at 7:25 p.m. Mayor Peterson closed the Public: Hearing. Jabbour asked why the Planning Commission had not been involved with this issue. He said, "I get the impression, from reviewing this issue, that the Cuffs believe that the City did not act on this in a reasonable time period. It now seems that it is the neighborhood against the Cuffs, but that at one time the Cuffs did have a petition in favor of the project which was signed by 35% of the residents. How many of those signatures are - 4 - a REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #2)NAVARRE HEIGHTS DRAINAGE CONTINUED left on the petition ?" Barrett stated that many of the original petition signatories have withdrawn, which will requires a 4!5ths vote to order the project. Jabbour stated that the Cuffs' Attorney is claiming that the City may be liable for the damages to the Cuffs' property. Jabbour asked whether approving the project would lend support to that claim in that the City delayed the project, yet knew it was needed. Barrett replied, "My review of the facts does not lead me to conclude that the City is liable for the water damage that the Cuffs have suffered. I also do not think that the City's decision to install some form of drainage system would be an admission which would require the City to pay damages." Bernhardson addend that it is not typical for municipal improvement projects to be reviewed by the Planning Commission. He said, "Such projects fall within the purview of the Council. Council may refer such issues to the Panning Commission, but to date, that has not been done." Goetten agreed that the matter has gone on for an extensive period of time, but noted that when tabling did occur, it was necessary for one reason or another. She said, "Because there are other areas in the Livingston Avenue area that have water problems, as well as areas within the Navarre area as a whole, it may be more appropriate to consider addressing the issue can a more comprehensive approach. . I have discussed this with Staff and asked them to prepare something along those lines." Bernhardson explained the financing options available for such projects, such as drawing from the City's General Fund, or establishing assessment districts, where an assessment is based on Ad Valorem tax that takes into consideration the value of the property rather than square footage. Another option would be to consider a storm sewer utility where a Utility District would be established and a regular utility fee would be charged to the property owners in that established district, which is what the Cities of Egan and Wayzata have done. He said, "In the cases of a special assessment and Ad Valorem, there must be a demonstrated benefit to the properties involved. In the case of a Utility District, that is not required. Yet another option would be to combine any of the options I have mentioned." Butler asked Cook if there is any basis for looking at the drainage issue from a larger picture for the Navarre area. - 5 - ka � REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#2)NAVARRE HEIGHTS DRAINAGE CONTINUED Cook stated that Staff had met with the people on Togo Road azd determined that there is a problem in that area. He said, "It is our belief that the problem on Togo Road is independent of the Livingston Avenue problem and should be addressed separately. The City will provide some ditching and minor repair work in that area. The property owner in that area with the worst problem has indicated that he would be willing to do some grading on his lot. We informed him that we would stake the property to give him some guidelines. I do not think there is need to complicate the Livingston Avenue problems by adding the Togo Road problems. Butler asked Cook if, in his opinion, the problem on Livingston Avenue could be addressed by grading and /or ditching, and landscaping. Cook replied, "Yes it could be. The swale would go across the Cuffs' Lot 17." Butler asked if there is some way to engineer a Swale so that it would provide a dry buildable area on the lot, without causing severe erosion. She added, "I would think that everyone would be happy with the project if the only cost was hiring a landscaping contractor to re- contour Lot 17 to accommodate the drainage. Of course, the drainage can only be accommodated insofar as it does not affect the properties downstream." Cork replied, "Once the water is drained from the road north, there is a second property north of the Cuffs about which we are concerned if we were to install an open ditch. If there is a heavy rainfall, that property would receive more drainage. I would be more concerned about the City's potential liability for the properties downstream. If the City does anything, it should be done correctly, or not at all." Bernhardson stated that there are other Navarre areas s:ich as Kelly Avenue, and two separate locations on Casco Point Road that are experiencing water problems. Butler asked if a 4 /5ths vote would be necessary to get the project started. Bernhardson stated that only a 3 /5t.hs vote would be required to authorize Staff to advertise for bids and order the special assessment, but a 4 /5t.hs vote would be necessary to order the project. Butler asked what are the project cost estimates and by how many properties would that sum be divided. Cook replied, "The project cost estimate is $32,500." .-t .; REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #2)NAVARRE HEIGHTS DRAINAGE CONTINUED Gerhardson noted that amount is only for construction and does not take into account easements that we will have to acquire from approximately two or three properties downstream. Cork stated that there are approximately 40 lots, but that some property owners have more than one lot, so there a:e approximately 30 property owners. Jabbour stated that if the Council is unable to attain a 4!5ths vote in favor of the project at this point of the process, it would be unlikely that such would be the case when the project is to be ordered. Butler stated that the only way the City will have a more realistic idea of the project costs, or how many residents would be in favor of the project based on that cost estimate, is to advertise for bids. Mayor Peterson stated that it has come to her attention that the owners of the property prior to Cuffs had also approached the City about water problems they were experiencing. She a=sked Karen Cuff when they purchased the property. Cuff stated that she and her husband purchased the property in 1980. Mayor Peterson stated that the drainage on this property has not become a problem since the Cuffs purchased it. Callahan stated t1zat it is apparent that the Cuffs have a problem, but that the problem has obviously existed for some time. He asked Gerhardson if anything on the property has changed. Gerhardson replied, "No, nothing has changed. In fact the basement in that house was having problems when I first started working for the City." Callahan asked, "Beyond the fact that the underground pipe will take the drainage below the ground surface and confine it, what other benefits would the project offer to the neighborhood? Will it provide any physical benefit to the other neighbors ?" Gerhardson replied, "Not any benefit that they would notice." Mayor Peterson stated that there is a driveway on the west side -af the Cuffs' property. She questioned whether that driveway plays a -ole in the drainage problems and if it would drain into the storm pipe once it is installed. - 7 - F REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#2)NAVARRE HEIGHTS DRAINAGE CONTINUED Gerhardson replied, "The Cuffs could make some changes on their property that will direct that water into the storm pipe." Cook added, "The street water will get to the basin. If there is water coming from the property to - the west, that will still drain toward the Cuff property and onto their back yard." Callahan suggested that it may be worth while for the City to look into a more comprehensive approach to the drainage problems in Navarre as a whole. Jabbour questioned whether there will be enough interest in the project to warrant a special assessment to the neighbors. He added that it has been his understanding that an assessment should not exceed the benefit to the property owner, and that in this case, that Public Works Director has stated that the benefit will be minimal. He said, "When consideration of this project began, there were more residents interested in participating. I could see ordering this project if there is a threat to the public's health, safety and welfare, but that does not appear to be the case." Bernhardson stated that the plans and specifications are nearly completed and suggested Council may- -wish to advertise for bids. He offered to provide Council with further information regarding sewer utility financing if they wished to consider that as an alternate method of financing. Mayor Peterson asked why storm sewer was not installed with the sanitary sewer project. Cook replied, "From what I can determine, at the time the sanitary sewer was installed, the existing road was restored and that was it. There were no curb, gutters and storm sewer projects then." Goetten asked how many parcels in this area could still be subdivided. Bernhardson stated he would have to research that further. It was moved by Butler, seconded by Mayor Peterson, to direct Staff to undertake advertisement for bids for close May 8, 1991, an that such bids be valid for a minimum of 60 days during which time the Council can hold a public hearing, and if desired, adopt a special assessment to give a 30 -day waiting period prior to diaterminaL ion as to whether or not the project should be undertaken. Callahan stated that he concurs with Councilmember Jabbour in that there is not a basis for Council to act in the preservation of one property. He did believe that the property H REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#2)NAVARRE HEIGHTS DRAINAGE CONTINUED could be included at such time the City undertakes a more comprehensive solution to the water drainage problems in the Navarre area. Butler stated that the motion provides for more or less of a straw poll, because if there are not enough residents interested in the project, it dies. Mayor Peterson stated that she favors the motion because the Cuffs have done a lot of work to initiate the project. She clarified that her vote this evening does not necessarily mean she will vote to order the project. Goetten stated that she would view this project as the initial stages of addressing the overall Navarre water problems. She stated that if the costs are too high, she would have to reconsider the options. Jabbour stated that he agrees this is a form of a straw poll, but that the Cuffs have been given an indefinite answer for too long. He added that the Cuffs are in the midst of construction and could incorporate corrective measures into that project if they knew that the storm drainage project would not occur. Jabbour stated that he would reverse his opinion, if over 50% of the neighborhood approved the project. Motion, Ayes -3, Jabbour, Callahan, Nay. Motion passed. ( #4)CONSENT AGENDA* Butler requested that item #5 be removed from the Consent Agenda, and that items #18, and #19, be added to the Consent Agenda. Goetten requested that items #20, 421, and #22, be removed from the Consent. Agenda. Mayor Peterson and Goetten stated that they would like to discuss item #18. Butler agreed to leave item #18 on the Regular Agenda. It was moved by Butler, seconded by Goetten, to approve the Consent Agenda, with the exception of items #20, #21, and #22, which were removed and discussed in the sequence shown on the , Agenda, and item #19, which was added to the Consent Agenda. Motion, Ayes -5, Nays -0. Motion passed. ( #5 *)APPROVAL OF MINUTES Butler noted an error on page 11, paragraph three, where line four is an incomplete sentence, aid asked that it be corrected. It was moved by Butler, seconded by Mayor Peterson, to approve the Minutes of the Regular Council Meeting held March 11, 1991, as amended in accordance with Councilmember Butler's request. Motion, Ayes -5, Nays -0. Motion passed. REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 PARR COMMISSION COMMENTS: ( #6)SANDY BEACH SWIMMING BEACH Richard Flint, Park Commission Chair, was present to discuss this matter. He stated that this issue appeared on the September 12, 1990 Park Commission Agenda, and was followed by a more formal Public: Hearing in November. Flint said, "The problem is that there has been abusive language, noise, and property damage from young teenagers that use Sandy Beach. The Park Commission has recommended that the beach stay open, but that no dock be installed during the 1991 season. We are also recommending that the beach be closed at 8:30 p.m., and that a request is made for increased police patrol." Goetten asked Flint- if anyone has been able to determine whether the teenagers causing the disturbance are from the Sandy Beach area. Flint replied, "I do not know where they live. They are fairly young, which indicates that they do not come " a long distance. T':iey come by way of bicycle, rather than a car. Goettan ask-ad for clarification regarding the recommended time for t1ie beach to close. She stated that 7:00 p.m. is mentioned at one point. Flint stated that originally the Park Commission had recommended 7:00. p.m., but that was prior to having input from the area residents. He said, "Many of the residents near Sandy Beach indicated that because of their work schedules, they do not get home until 7:00 p.m. They stated that they would like to be able to use the beach in the evening, so the Park Commission agreed to close it at 8:30 p.m. Cheryl Granning, 3898 North Shore Drive, stated that she has lived in the ar•aa for 14 years and has enjoyed using the beach. She requested that the dock be installed. Goetten asked Ms. Granning if she recognized any of the children that were causing the problems. Granning replied, "I have .never seen them. I have observed some kids fishing there, and we told them not to. That is the only incident I have witnessed." Goetten noted that the Grannings do not live adjacent to the beach. Richard Nelson, 3908 Cherry Avenue, stated that he lives on the property immediately north of Sandy Beach. He said, "I would like to say that none of us living adjacent to the beach wish to - 10 - w .-k REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #6)SANDY BEACH CONTINUED restrict access to the lake for othbrs, nor do we want to see the beach closed. My wife and my neighbor have both been subjected to rather severe verbal harassment. We are asking that the dock be removed because we feel that it is an attractive nuisance. It seems to be the focal point for a lot of rough- housing. I think it is true that the children that are causing problems are not from the immediate area. We feel that, though we want the public to have as much access to that beach as possible, we deserve to have a break in the evenings from this undesirable behavior." Jabbour asked Cheryl Granning to state what benefits she derives from having the dock at the beach. Grannig replied, "The kids like to sit on the dock in the sun, and I have sat on the dock reading. The children tie their swimming toys to the dock:" Mrs. Feldman, whose husband wrote the letter to the City, stated that it would be helpful if those that want the dock, would participate in patrolling the beach. She stated that the immediate neighbors get no cooperation from the other people that use the beach. She said, "There will be other people at the beach when these children will come down with their skate boards and go off the end of the dock. The children have no respect and mouth -off whenever they are spoken to. We have tried for three years to get along with them, but it has been impossible." Mayor Petersen asked Mrs. Feldman if she has phoned and requested additional police patrol. Mrs. Feldman stated that she has called the police on several occasions, but it has not helped the situation. Goetten asked Mrs. Feldman what time of day the problems at the beach are most likely to occur. Mrs. Feldman replied, "I work all day, so I only notice the problems from 6:00 p.m. to dark. I cannot even sit outside in the evening and read. We have followed a couple of the children home in the evening, they do not live that far away." Jabbour stated that he passes by the beach on a regular basis and has observed boats tied to the dock on occasions. He said, "I am very concerned about the aspect of boats being brought into a swimming area. Boats are not allowed in that area, so in my mind the dock poses more than just an attractive nuisance, it may be creating hazardous situations for swimmers." Dale Woodbeck, 1445 Cherry Place, stated that he has children that are nine and four years of age that use the beach. - 11 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #6)SANDY BEACH CONTINUED He said, "Fundamentally, I would be opposed to further limitations on access to the lake. It seems to me that there should be a middle ground for addressing this problem. Perhaps a confrontation with the parents of the problem children would accomplish something. If you restrict the children from this location, they will go elsewhere and cause the same problems." Mrs. Feldman stated that the teenage children's parent are not home when the problems occur. Woodbeck stated that he would like to see the dock installed this year, but would be agreeable to the proposed 8:30 p.m. closing of the beach. He suggested installing the dock in such a way that there would be water between it and the shore. Gerhardson stated that people wishing to use the dock for recreational purposes may not wish to walk in water to access it. Jabbour suggested placing the dock parallel to the shore, rather than extending it out. Beth Nelson, 3908 Cherry Avenue, stated that she has been the subject of sexual harassment. She said, "When my husband is home, the children make no comments to me. However, when I am home sitting on my deck, I hear language, directed to me, that I would not even quote to anyone. That is when I am wearing a sweat suit, I would not dare to wear a swimsuit. The boys use my lilac bushes for a toilet. I have tried to be reasonable and talk with them and it has gotten me nowhere. Granted, the problem does not happen 24 hours a day, but when it happens, it is rude. I do not want my daughter exposed to that when she is playing in her own yard. I want everyone to have access to the beach, but we have a public facility that has no public control. I cannot call the police 13 times in one day because these boys will not listen or behave. The boys are between the ages of 11 and 14. It may be a coincidence, but a few times that we have been gone, our property has suffered some vandalism. I cannot prove who did it, but it seems odd that these occurrences seem to happen on the same day that I have called the police." Goetten stated that the behavior should be reported and something done about it from a policing standpoint, rather than removing the dock. She said, "No one should be-subjected to such behavior, and it should not be tolerated. I am concerned about limiting public access to the parks and beaches. If there are rules posted on the beach, the children should know that they must comply with those rules or they will be reported." Maureen Bellows stated that she does not live near Sandy Beach, but is an Orono resident with young children. She said, - 12 - t REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#6)SANDY BEACH CONTINUED "I think the City provides limited recreational opportunities for the citizens. Rather than removing a recreational resource, I think the City should consider its responsibility in this situation and either have the beach more closely patrolled with police officers, or hire a lifeguard. Perhaps Park funds could be used to financially address the cost of a lifeguard." Mayor Peterson questioned how the posting of a lifeguard may affect the liability of the City. Barrett replied, "If the City were to post a sign indicating the hours during which a lifeguard would be on duty, and that swimming at other times is done at the swimmer's own risk, there should be no increase in liability to the City." Jabbour reiterated his suggestion about placing the dock parallel to the beach. He stated that there would still be a dock to use, but that it may pose a problem for boaters and skateboarders. Gerhardson replied, "I do not believe we could put as much dock in if we were to locate it horizontally. We do not have sufficient right -of -way and the dock must be ten feet from property lines." Mayor Peterson asked if a buoy system could be used to keep boats out of the swimming area. Gerhardson stated that there are buoys in that location now. He said, "If we were to add anything more, it would be difficult to do, as well as costly." Goetten stated that she is not opposed to the dock and would prefer to keep public accesses open. She said, "The City needs to take responsibility for this situation. I agree with closing the beach at 8:30 p.m. and would like to see increased police patrol of the area." . Mr. Nelson did not believe that increasing police petrol would solve the problem. He said, "If the City doses not take away some of the attraction for that particular age group, there will be no way to solve this problem. We are not asking for much." Jabbour disagreed that eliminating the dock constitutes limiting access of the beach to the public. He stated that the beach is unique in nature because it is not visible from the road. He said, "The other beaches in Orono that are visible from the road do not have this kind of problem. I do not see how removing the dock is taking away anyone's ability to use the - 13 - x REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#6)SANDY BEACH CONTINUED beach or swim in Lake Minnetonka. In addition to the safety concern I have regarding boats, I am also concerned about injuries that may occur from someone diving off of the dock. The Park Commission has put a lot of time aid effort into their recommendation and I ,agree with it. I am not here to limit public access, but given the unique character of this particular beach, I feel it is necessary to remove the dock." Gerhardson stated that Sandy Beach currently closes at 8:30 p.m. He noted that closing time resulted from a recommendation when this issue was previously reviewed two years ago by the Park commission. Butler stated that Sandy Beach is unique and asked Bernhardson if he could provide some cost estimates for hiring a lifeguard. She said, "Th,e lifeguard would have to understand prior to accepting the position that their purpose does not only pertain to swimmers, but also to make sure that everyone using the beach abides the rules." Goetten questioned whether posting a lifeguard at this beach would set a precedent. Butler s=ated that if other residents can provide a long history of similar behavioral problems, at a beach with limited visibility, then we would have to consider it. She asked Bernhardson how Parr: Dedication monies are being used. Bernhardson stated that Park Dedication funds can only be used for capital purchases, repair and maintenance. It was moved by Callahan to accept the Park Commission's recommended course of action for Sandy Beach. The motion failed for lack of a second. It was moved by Goetten, seconded by Mayor Peterson, to table this item until the April 8, 1991, Council meeting. Staff is directed to provide Council with cost information with regard to posting a lifeguard and present it to Council at that meeting. Motion, Ayes -4, Callahan, Nay. Motion passed. OTHER Richard Flint reported on the status of the bike trails. He stated that the Park Commission has been working with Hennepin County in regard k:o construction of a bike trail from Baker Park to the Luce Line. He said, "The cost of that section of trail, if we were to pay for ourselves, could be as high as $300,000. However, we believe that by tying the trail in with the County, that they may pay for as mach as 80% of that cost. I nave met witti Hennepin County personnel on two occasions. They have - 14 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 OTHER PARR COMMISSION COMMENTS CONTINUED indicated that they do not have funding at this time, but I think they will put a high priority on, this project. I have been told that we may not only receive assistance in the form of money, but we may also receive staff to help us design the trail, According to John Gerhardson, we will probably be able to use bridge fund monies to widen the bridge that goes over the railroad track. We would welcome any input from Council regarding this project. The Luce Line /Baker Park connection seems logical and would serve as a backbone for future connections. The County would ultimately prefer such a connection because it could also connect to Noerenberg Park." Mayor Paterson asked Flint if the estimated $300,000 would include some method of safely crossing Highway 12. Flint stated that there is now a stoplight in the location where the trail would cross; Highway 12, but that nothing else,is planned at this time. He suggested that an overhead bridge could be requested at the time Highway 12 is upgraded in that location. Flint noted that the cost of the trail, if constructed at this time, would be approximately $75,000 /mile for four miles. Jabbour asked if the trail would be incorporated into the shoulder of the road, or separated. Flint replied, "The trail would be detached from the road. That is a much safer option, though it is less expensive to widen the shoulder of the road." He stated that the City had secured an easement for the trail at the intersection of Willow and County Road 6 from the Fullerton Properties development. He said, "One of the conditions of that was, however, that we would provide another section of trail equal to the easement. We are currently looking at a trail section from Willow to the School property. However, the property ne=eded for the trail is privately owned and the property owners have been unwilling to grant us an easement." Flint reported that the Perk Commission will be presenting a proposal for Bederwood Park playground equipment, at an approximate cost of $20,000. As a final note, he stated that the Park Commission is continuing to meet with the School District, and other Park Commissions within the School District, in an effort to coordinate Orono parks with trails and parks in other communities. PUBLIC COMMENTS: None. =9•'= J J REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ZONING ADMINISTRATOR'S REPORT: ( #7 *)ZONING FILE #1497- TOBERMAN PROPERTY 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT It was moved by Butler, seconded consideration of this application until Ayes -5, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: by Goetten, to'table April 8, 1991. Motion, ( #$)PLANNING COMMISSION INTERVIEWS Mayor Peterson stated that Howard MacMillan had indicated his inability to attend the meeting this evening, and that he will be asked to attend the April 8, 1991 Council meeting. Jabbour noted that Planning Commission member Ed Cohen was also unable to attend this evening. Charlie Kelley stated that Mr. Cohen has requested the opportunity to be interviewed the same evening as Mr. MacMillan. Mayor Peterson explained the interview process she would like the applicants to follow. She then asked Planning Commission member, Jim Hanson, to address the Council. Jim Hanson stated that he has served on the Planning Commission for nearly four years and is seeking re- appointment. He said, "I enjoy this kind of work. My family has lived in Orono since 1977. We built our own home, and I was employed as a building' contractor for eight years. I believe that my experience as a contractor provided me with a lot the knowledge and skills that I bring to the Planning Commission. The first involvement I had with the City as an active citizen volunteer, was in 1980 or 1981, when I was asked to participate. on a Board of Review. I enjoyed that process, and in the mid -80's I decided that I would like to serve on the Planning Commission. I believe that my hand: -on building knowledge, coupled with my interest in planning concerns, are valuable to the Planning Commission. I have attended two workshops in the last couple of years pertaining to planning. I believe that the Planning Commission consists of an unusually strong, well- coordinated group of people, and that we work together efficiently. Even though Chairman Kelley and I do not always see eye -to -eye, I admire his leadership capability. I feel the same about Maureen Bellows. I enjoy working with them and would like.to continue working them. I'm sure some of you are aware of my evolving set of opinions pertaining to certain issues. Fundamentally, I have no - 16 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #8)PLANNING COMMISSION INTERVIEWS CONTINUED issue with the City' s. Comprehensive Plan. I think the Plan is appropriate and is strongly supported by the residents. I do have some reservations about certain portions of it. I question whether some areas of it are working as intended and whether there are some areas that need to be reviewed. I would be happy to state those more specifically at Council's request. I am now seeing where the City may begin to better utilize the various skills of people on the Planning Commission and Council. It is my opinion that in the past years the Planning Commission's main function is to serve as a variance committee, and has not had an opportunity to be involved with planning. I am encouraged at the aspect of looking at other issues and participating in joint meetings to determine the role of the Planning Commission." Mayor Peterson asked Hanson to state the areas of the Comprehensive Plan that he would lice to see review- =_d and discussed. Hanson replied, "I am referring only to review and discussion of these areas. One of the areas is the handling of private versus public roads, and the other is whether the Comp. Plan has provided the City with the guidance to grow in the -.,tanner we would like. I am not referring to population, but more to maturity. With respect to roads, during the period of 1980 and 1990, the number of miles of private roads increased by 80% to 12.37. A part of what_ I believe a city should provide its citizens in the way of services, is that it provide for the public safety. That comes in the form of police and fire protection, both of which require adequate road systems. A third element is providing for the recreational needs of the city's inhabitants. I have questions as to whether the process that this City goes through to maintain private roads is appropriate for the city as it develops. I have only begun to question this within the last couple of years, because the system does not seem to be working. Another area that I think the City may wish to address, which is a consequence of the Comprehensive Plan we have in place, has to do with the fact that the average valuation for a new construction residential building permit J.n 1990 was approximately $340,000. Tf that .is the stated value on the house itself, and you then consider the cost of the lot, it does lead me to wonder what the City is doing to provide for all the citizens of our City. I believe that some characteristics of the Comprehensive Plan have lead to high land costs. I am not saying that is wrong or right, it just is." Butler stated that some of Hanson's points were valid in - 17 - r REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #8)PLANNING COMMISSION INTERVIEWS CONTINUED that the Comprehensive Plan was designed to be a "living document ", and something that would be constantly up for review, challenge and change. Stie said, "I believe that most people have a tendency .o look upon it a.s a Bible. I do not believe it should be treated that way. Times do change." Butler and Goetten agreed that the issue of roads needs to be addressed. As a final noted, Hanson stated that due to resolution of a family project, in which he was involved, he would have more time to dedicate to the Planning Commission, and looked forward to receiving more planning education. Mayor Peterson asked Charles Schroeder to step forward and address the Council. Mr. Schroeder referred Council to a letter and resume he had sent to the City setting forth his interest and personal information. He stated that he and h.i_s family had been away from Minnesota for several years, and had returned two years ago. He said, "When we were looking for a place to live, we chose Orono because .of its unique rural character. It is my wish to see that rural character maintained., that interested me in serving on the Planning commission. I believe that my business experience has left me w.�th some good analytical capabilities. I think I can bring a fresh perspective to the Comprehensive Plan, which I have read. The Plan seems to be complete arzd thoroughly considered. With respect to the Highway 12 corridor selection, I believe that from the point of having a negotiating tool with MNDOT, we should push Highway 55 as the option to be considered first. In the event MND(. -)T disregards that option, we could fall back on a modestly upgraded Highway 1_2 a;zd Highway 6. If you look at Highway 12 in terms of hardcover, and.calculate what two extra lanes of Highway 12 would produce, you would find that five miles long with 15 foot lanes would total 700,000 s.f. of new surface. If you equate that to new housing, it puts the project in a different light, especially when you consider the amount of runoff that would flow off that surface into Orono. That may be one argument that could be presented to MNDOT." Mr. Schroeder stated that he did not wish to address the facilities needs, simply because he is not familiar with the needs. .He did add that he is more than willing to become involved in that issue and would learn quickly. Goetten stated that she would like to see the Planning Commission become more involved and take a more active role in - 18 - N .N REGULAR CITY COUNCIL MEETING HELD MARCH 25., 1991 ( #8)PLANNING COMMISSION INTERVIEWS CONTINUED the City's issues. She said, "More involvement will mean more meetings and an increase in the amount of time the position will require. I would like to think that you are here this evening because you are willing to dedicate your time to that purpose. I would also hope, in the event you are not chosen, that you would seek other positions as vacancies occur." Schroeder replied, "I would devote the time needed. I have given this a lot of consideration and feel that if one cannot take the time, then it is useless to serve." Goetten asked Mr. Schroeder if he had an opportunity to speak with Jeanne Mabusth, the City's Zoning Administrator. Schroeder replied, "Yes, I have spoken with Jeanne. My interest in serving on the Planning Commission developed over the last six months as I began to get involved with they Highway 12 issue." Mayor Peterson recognized Peter Rennebohm and asked him to make his presentation. Mr. Rennebohm stated that. like Mr. Schroeder, he too was new to the area, having lived in Orono since 1972. He stated that his family has built four homes in the Orono area over the past 18 years. He said, "Though I have not been actively involved in the municipal process.. I have been an observer and am interested in participating to a greater degree. Now that my children are grown, I have a bit more time to dedicate to the City. I own a business that deals with construction - related tools and equipment. The business is somewhat self- sufficient which has also provided me with some additional personal time. I am prepared to do whatever may be required., and that does not only apply to this particular vacancy, but in. the municipal process in general. I am concerned about the Highway 12 issue, and mould. be ' remiss and not entirely honest, i` I did not say that I am here in part because of that issue. Having lived here as many years as I have, I am concerned that we continue to maintain the distinct rural versus urban areas around the lake. What I see in the Comprehensive:: Plan are re- occurring statements and themes that relate to preservation. I -was impressed with the scope of the document and the obvious hours that somebody or some number of people spent drafting it. I would like to be reassured that whomever is involved, in the City process keeps preservation in mind. I read the Comprehensive Plan as a mandate of the people. It is a living document, and noted terms within it stating that it is not a staged growth document. I believe that is true. I would like to see continued interest and a pro- active stance fror_n - 19 - r. ,•� REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#8)PLANNING COMMISSION INTERVIEWS CONTINUED the Planning Commission and Council so that the City is not reacting to events as they arise. In conclusion I would say that the Highway 12 issue is going to affect all of us one way or another.. I cannot honestly conceive that any resident of Orono would be in favor of any of the proposed routes I have seen, other than Highway 55. The hardcover issue is going to pose problems and affect what I have read in the Comprehensive_ Plan is a very delicate balance in this entire watershed area." Mr. David Rahn and Janice Berg were not present. Jabbour stated that it is refreshing to see the caliber of people coming forth to volunteer for such positions. He thanked the applicants for their interest in the City. Mayor Peterson echoed Councilmember Jabbour's sentiments. Hanson added that he had not addressed the issues of Highway 1.2 and the city facilities. He stated that his position on Highway ;.2 has been well documented through his participation With the Planning Commission. With respect to new city facilities, he stated that there is a dire nerd for new facilities and urged the City Council to move swiftly in that direction. ( #9) TOWN MEETING Mayor Peterson explained that the purpose of this item being included on the agenda is to give Council an opportunity to compile a list of topics for discussion at the Town Meeting. Goetten felt that no matter what preventative measures Council takes prior to the meeting, people will still attend the Town Meeting in hopes of discussing Highway 12 and /or City facilities. She suggested that Council could provide a brief update of the major issues currently before the City, and then state specifically that no questions will be taken. Butler suggested that could be accomplished by preparing a position paper to distribute to people that come to the meeting. Jabbour stated that any discussion at all about Highway 12, rlay result in that being the only topic discussed. and nothing else. Goetten stated that some people that come to be meeting may not have read the paper, and would not know that certain topics will not be discussed. Stie said, "I would not want -to disappoint anyone who came to the meeting hoping for updated information on - 20 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (# 9) TOlr7N MEETING CONTINUED Highway 12, or the issues." Mayor Peterson agreed that Council should make = brief statement at the beginning of the meeting to update everyone in regard to the major issues before the City. Goetten suggested that it may be beneficial to the residents in attendance of the Town Me eting, if Council provided information about, the Park and Planning Commissions, including the names of the members for each. She also stated that the subjects of building permits, and a City newsletter may be a good topic to include on the agenda. Jabbour of-fered the suggestion of including infor-mation about septic systems and the new City Septic: Inspector. Mayor Peterson suggested that people may wish to discuss the City's recycling program, and that the topiic of chemical fertilizers could also be addressed. She asked Charlie Kelley and Maureen Bellows if either had any suggestions. Kelley suggested that the residents may be interested in find.ing.out more about the City's finances and credit rating. Goetten and Jabbour agreed that the City could inform residents about the LMCD and the City's relationship with them. Butler suggested that information could be handed out indicating the meeting schedules of th.= Planning Commission, Park Commission and Council. Goetten agreed with Butler and thought it might be helpful to include the meeting schedule for the various Highway 12 Committee meetings. Mayor Peterson asked. Council which Staff members they believe should attend the Town Meeting. She suggested Mark. Bernhardson, John Gerhardson, and Jeanne Mabusth. Sherokee Ilse asked if it is Council s. intention to publish the list of discussion topics in the newspaper. Mayor Petersen indicated that the list of topics wou-.d be published. Sherokee s=ated that handouts a-e valuable, and suggested that information pertaining to City Staff, building permits, etc. could be prepared in the form of a handout, which could be given to the residents attending the meeting. - 21 - l f REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #9)TOWN MEETING CONTINUED It was moved by Butler, seconded by Mayor Peterson, to direct Staff regarding the Town Meeting currently scheduled for April 6, 1991 from 10:00 a.m. to 12:00 p,m. at the Orono Highschool cafeteria. Motion, Ayes -5, Nays -0. Motion passed. ($10)JOINT COUNCIL /PLANNING COMMISSION MEETING Bernhardson asked Council if they wished to have someone present to take minutes at the joint meeting. Barrett informed Council that they are not required to have someone present at the meeting for that purpose. It was Council's consensus that having a recorder present at the Joint Meeting t.) take notes a:zd prepare minutes is not necessary. It was moved by Butler, seconded by Goetten, to hold a joint breakfast' meeting with Planning Commission at the Art Center on April 20th at 9:00 a.m., and indicate items that they would like for discussion. Motion, Ayes -5, Nays -0. Motion passed. ($11)1991 STRATEGIC PLANNING /ADMINISTRATOR 1990 -91 REVIEW Mayor Petersen stated that she wo.u_d contact each Councilmember with respect to the City Administrator's review. Charlie Kelley stated, that it may be helpful for the Planning Commission to receive 1991 strategic planning information so they will be aware of the City's priorities. Council agreed and Mayor Peterson asked Kelley to relay any comments that he may have, once the Planning Commission has reviewed the information. Council accepted the information presented by Bernhardson, and took no formal action. OTHER Goetten stated that the City should invite the City of Long Lake to the Town Meeting. She also asked what the City is doing in respect to the preparation and presentation of plaques to former Councilmembers. Bernhardson stated that the plaques are now completed and that a presentation will be made in the near future. Jabbour stated that the. Council has been actively involved in more issues and that at times, two Councilmembers have met together to work on an issue. He wants to be sure that all Councilmembers feel that they are part of the process for each issue and have been properly informed. Jabbour said, "If it - 22 - y t REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 MAYOR /COUNCIL REPORT -OTHER CONTINUED should happen that more than two Councilmembers wish to attend any of these meetings, then perhaps we should post the meeting, which would be conducted as a work session. I want to see the comradeship of this group continue." CITY ADMINISTRATOR'S REPORT: ( #12)HIGHWAY 12 CORRIDOR PROCESS - PLANNING COMMISSION Bernhardson informed Council that Planning Commission.Chair, Charlie Kelley, and Vice- Chair, Maureen Bellows, were here this evening to present to Council the Planning Commission's recommendation regarding the Highway.12 corridor." Charlie Kelley stated that he has been involved with this issue since the time the 1984/85 Corridor Study was done. He said, "Since that time, several of us have attended different meetings at the Orono Highschool, arid other locations. In January, 1991, the Planning Commission was formally asked by Council to become involved =n th-is issue. The Planning Commission scheduled three meetings during the month of February to address the issue. The February 6, 1991, workshop provided an opportunity for the Panning Commission to become better informed of the issue. The February 20th Public Hearing provided an opportunity for the residents to express their opinions. The Planning Commission made some comments, but did not make a recommendation. The purpose of the Planning Commission meeting, which took place on the 27=h of February, was to give us the opportunity to discuss the issue, consider the public testimony received from the Public: -Hearing, and core to a consensus recommendation to present to Council." Kelley referred Council the March 11, 1991, memo outlining the Planning Commission's recommendation, and the basis on which it was made. For the benefit of those members of the audience that had not seen the Planning Commission memo, Kelley read the polici: s and goals which were incorporated ini_o their recommendation. He also read the corridor location recommendation of not only the majority vote, but the minority opinion as well. With regard to the recommended design of the upgraded road, Kelley. explained, "The Planning Commission unanimously agreed : -hat we did not want a freeway. We took the two extremes and left the area J.n the middle gray. That may be a negotiating factor for Council to use with MNDOT. We considered a freeway to be the same as I -94 going to St. -Cloud. It has wide medians and ditches, and controlled accesses. However, we also realized that a two lane road will not sufficiently handle the amou:zt of traffic on this road. B-z,cause we did not have the traffic counts and engineering expertise, we could not determine when the number - 23 - r , REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #12)HIGHVIAY 12 CORRIDOR RECOMMENDATION CONTINUED of lanes should be expanded. We just knew that at some point it would be upgraded from a two -lane to a four -lane. We then had a considerable debate about the design elements of the four -lane road. We did not come to any conclusions, but did compare the future road to existing Highway 7, as it extends from Excelsior through Minnetonka. Another example might be the Old Highway 12 in Wayzata that runs by Perkins. The Planning Commission agreed on the term "minimum wid-h right-of-way roadway ". It was our opinion that no matter what design is. decided upon, the road should be constructed with--,:_n the least amount of right -of -way that is allowed by MNDOT standards. The Planning Commission preferred to have posted speeds at 40 or 45 miles per hour, rather than 55. The Planning Commission would also like to see stoplights with right and left turn lanes. We strongly encourage the Council to consider the findings of the modeling and traffic counts in order to determine how much of an upgrade is needed. It is always possible to torture the facts and circumstances to meet your needs. The Planning Commission felt that the City ought to be certain that the facts are facts, and not what someone wants 'is to conclude from the numbers that we get. I believe that will be one of the most difficult tasks that we have. Especially when we extrapolate those numbers out into the future. As I have mentioned before, the City tried to extrapolate the population of Orono in 1970 and did not do a very good job. The Planning Commission also discussed Highway 55. The recommendation does not include anything about Highway 55, but it was discussed. We talked about the possibility of diverting some of the east /west traffic that is now on Highway 12 tci Highway 55. We considered an option involving a cut -off on Highway 12 just outside Delano that would connect to Highway 55. That is a possibility, and from my personal point of view, is something we should look into. I think we need to consider how we can use Highway 55 and Highway 12 to suit the needs of our Community and those west of us." Kelley read the section of the memo entitled "Impact on Existing Zoning ". He then explained the Planning Commission's position regarding the impact an upgrade of the existing corridor would have on the City oz Long Lake. l-ie said, `The Planning Commission had a good discussion on this issue. I think the Planning Commission tried to view Orono and Long; Lake as one community because the corridor will affect us all. We believe that future consolidation of the two cities makes good planning sense for both communities, although we do not know when it might happen. We brought this up as an issue because the Council is looking to us as a Planning Commission trying to address future issues. The minority opinion on this issue was that such a recommendation could be construed by Long Lake citizens as an - 24 - ,-1 REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ($12)HIGHWAY 12 CORRIDOR RECO14MENDATION CONTINUED adversarial move or aggressive takeover. We do not want this issue viewed in that way. It is hopeful that the conversations that a,---e occurring between City Councils for each City, will alleviate that conception. The majority opinion believed that such a recommendation may encourage formal discussion between both cities, but that Long Lake must be made aware of the City of Orono's true intent. We included a statement indicating that the City of Orono does not wish to compete with the established commercial community of Long L =..ke. but to assist and support its perpetuation." Butler congratulated the Planning Commission. The Mayor, Council, and audience applauded. Goetten stated that she was impressed with what the Planning Commission had accomplished in such a short period of time. She asked Kelley to please convey to the Planning Commission members the Council's appreciation for their hard work. . Jabbour expressed his admiration for Planning Commission's efforts, especially in respect to the way in which the February 20 Public Hearing was conducted. Kelley stated that the Public Hearing helped the Planning Commission focus on the issue. Mayor Peterson said. "Of 311 of the comments I received regarding that meeting, not one was. negative, even from those that did not agree with the recommendation." Goett -an stated that she appreciated the honesty and direct approach the Planning Commission gave to this issue. Bellows asked Council when they intended to take action on the Planning Commission recommendation. She said, "Due to the sense of urgency that was conveyed by the citizens, we feel that the Council needs to take action on this soon. The residents indicate=d that they have been out there working very hard for- a long period of time. That is part of the reason we worked so quickly to prepare our recommendation." Butler stated that she was ready to make a motion to accept the Planning Commission's recommendation, acid that :�t be transmitted to MNDOT as soon as possible. Mayor Peterson stated that size agreed wi .h the recommendation, but wished to remove the language pertaining to the adversarial role the City of Lon -; Lake may take toward the aspect of the consolidation of Orono and Long Lake. She said, "It is not that I disagree." �Wlc ,r REGULAR CITY COUNCIL MEETING HELD MARCH.25, 1991 (412)HIGHWAY 12 CORRIDOR RECOMMENDATION CONTINUED Butler agreed that language could be set aside from the recommendation presented to MNDOT,. but that it may be appropriate to include it in the copy sent to the City of Long Lake. A motion was made by Butler, seconded by Mayor Peterson, to accept the Planning Commission's recommendation, that it be prepared for transmittal to MNDOT, and that the language regarding the City of Long Lake taking an adversarial position to consolidation of the City or Long Lake and the City of Orono, be excluded from that transmission. T`iat language shall be included in a cover letter from Mayor, Petersen that will accompany the report that is sent to the City of Long Lake. Mayor Peterson stated that out of respect for the City or Long Lake, the recommendation should be sent to them prior to it being sent to MNDOT. Butler agreed, but stated that it will' ta;ce longer by mail for the information to.reach MNDOT than it will the City of Long Lake. Goetten asked i_f the Planning Commission :recommendation constitutes a guideline for the City to follow. Butler and Mayo: Peterson stated that the recommendation represents the City's official' position on this issue. Goetten suggested that, due to the sensitive nature of this issue, there be verbal discussion with the City of -Long Lake before they are given a written copy of the recommendation. She stated that is her only concern, and that she agrees entirely with the recommendation. Jabbour stated that the City of Lon, Lake should not be unhappy with the recommendation. 'He added, however, that based on the relationship the City of Orono has had with the City of Long Lake, Long Lake may look upon the recommendation in a negative manner. He stated that it its important fo.r.• Orono to take its position first, and explain it to the City of Long L =.ke later. He said, "I would like to see Orono take a leading role on this position." Jabbour also suggested sending 11WDOT a :copy of Orono's Comprehensiv.a Plan to support the recommendation. Mayor Peterson asked Goetten when, she anticipates that discussion between Long Lake officials and Orono would take place. She added that she. .did not w1sh to withhold the recommendation for another two weeks. Goetten indicated that as long as the cover letter accompanying the document to Long Lake included a sentence stating that Orono understands the importance of this issue from Long Lake's perspective, and would like to verbally discuss the recommendation with them, but felt it necessary to ma=ce a decision soon as possible, she would not object to sending the recommendation without discussion first. Callahan stated that the Planning Commission has done an excellent job, both in presentation rind conclusion. He stated that the purpose of the recommendation is to make MNDOT aware of Orono's philosophy. He said, "MNDQT has tried to avoid having the cities take a stand on these corridors. The recommendation does not only indicate our position on location of a corridor, but goes a long way to indicate the type of road we want to see. I wonder if it is 26 - f REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ($12)HIGaV ?AY 12 CORRIDOR RECOMMENDATION CONTINUED necessary for us to take a stand against a certain highway design. We are not design engineers, such a recommendation may lead us into a fight with MNDOT over design, and. at this point we do not know what MNDOT is going to propose. I am not sure that including a recommendation regarding the type of road ..we would like, will yield the results we want. Perhaps it would be more appropriate for Council to indicate gnat we agree with the recommendation, particularly in regard to the corridor location and the necessity to not have any a3ditional east /,vest access, and those items which more directly relate to the location of the corridor. We could then work on a draft to send to PINDOT. I do not feel that we are pressed at this point to get this to MNDOT, and some of the things we will be saying will give them an opportunity to divert our attention.' Goetten believed that the recommendation, as presented by the Planning Commission, provides the City with a negotiating tool. Callahan stated that the point of negotiating has not been reached yet, because MNDOT has not taken a position. He said, "However, once we send this document, we will be making them aware of our position, and yet we have not take_Z a precise position on design. We have narrowed PINDOT's choices. I would vote in favor of accepting the recommendation, even though I may not come to the same conclusions regarding the gray areas of design. I would figure that as the plan develops from our point of view that we could adjust it as things begin to happen. If I were adopting this -recommendation, :based solely on what the .City would like to do, I would have no problem with that." Jabbour suggested, in light of Goetten's and Callahan's concerns, that it may be appropriate for Council's motion to include adoption of the recommendation only, and reserve the time frame for sending it to MND,.)T at a. later. Butler stated that obviously the document before them would not be stuffed into an envelope and Mailed to MND.:)T tomorrow. She said, "A cover letter will have to be drafted explaining our position. When working with the County Highway Department on County Road 15, they had taken a position that the road had to be upgraded to a four -lane. The three Cities got together and provided them with a position that they could do anything within.the existing right -of -way, and that we wanted the road paved and striped in accordance with its usage. The County officials were pleased to have had that direction and proceeded to do exactly what we had asked them to do." Goetten agreed with Jabbour that a cover letter could be drafted and presented at the April 8, 1991 Council meeting prior to sending the recommendation to MNDOT. She stated that the newspapers will publish the City's recommendation, so the citizens will know. Butler noted that her motion was to accept the recommendation and send it to . MNDOT, but did not include a specific time for sending it. Mayor Peterson recognized Maureen Bellows. - 27 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #12)HIGHWAY 12 CORRIDOR RECOMMENDATION CONTINUED Bellows stated that .because the press w.�_11 publish the recommendation, the residents and officials of the City of Long Lake will be aware O?_ono' s position before any letter can reach them. Bello-as said, "Tile recommendation only states that we would like to see a minimum width right -of -way road constructed. We have not go:ie into any design details, and are not telling MNDOT hjw to build the road. The Planning Commission spent a lot of time on that portion of the recommendation, and I believe it should remain intact." Mayor Paterson, Butler and Goetten agreed. Goetten stated that she would like the opportunity to review the cover letters that will accompany the recommendation when it is sent to. MNDOT and the City of Long Lake. Callahan stated that the recommendation has to be presented in such a way that MNDOT will not misinterpret what they are reading. Bellows stated that the City could "plain those games" indefinitely if they try to second guess MNDOT. Callahan stated that it I.s necessary for the City to play those games if they are to be successful in their attempts to get MNDOT to do things the way Orono would like." Bellows stated. that she does not want the City to bra in a reactive position. Goetten stated that Orono is the first City to make a recommendation. Mayor Peterson recognized Charles Schroeder who asked if the recommendation would include anything aboui: Highway '55. Council simultaneously replied, "No." Mayor Peterson recognized Donald Scott, 2300 Longview Circle. Mr. Scott stated that the Planning Commission's recommendation is excellent, and congratulated the City on taking this position. He urged the City to be forceful, and suggested that the City try to form a united front with the surrounding communities. Butler agreed to incorporate into her motion that Staff big directed to prepare cover letters to MNDOT and the City of Long Lake, and that the drafts be presented to Council at their April 8, 1991 meeting. Mayor Peterson agreed. Motion, Ayes -5, Nays --0. Motion passed. Greg Kellenburger, Orono Orchard R-oad, thought the Planning Commission recommendation is "fantastic ". He encouraged the City to follow up once they send the recommendation to MNDOT. Toca Allquist, 415 Deborah Drive, also offered Congratulations to the Planning Commission on a job well done. He suggested that if may be• beneficial for the citizens from Orono, Long Lake, Maple Plain, Medina, etc., to form a coalition am. *= REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #12)HIGHWAY 12 CORRIDOR RECOMMENDATION CONTINUED that could also present a formal., unified position. Goetten stated that she would' like to see that happen, but what the City of Orono had to first determine its position before it could cork with surrounding communities. Mr. Allquist suggested that Orono may wish to include a position on Highway 55 in-the event that route is selected. It was Council's consensus that the recommendation be left as is without any mention of Highway 55. ( #13)FACILITIES WORKSHOP Callahan and Jabbour stated that they both would like to see Council reach a decision on site location soon, a;:id suggested that the Aoril 4, 1991, workshop focus on that issue. Jabbour stated that it is important for the City, when -determining a site location, to consider the precedent involved if the City must grant itself any Variances. Goetten stressed the importance of trying to work with other communities, in an attempt to share facility space, especially due to the economic status of the State. It was moved by Callahan, seconded by Jabbour, to establish April 4, 1991 as the meeting for the Facilities Committee. Motion, Ayes -5, Nays -0. Motion passed. ( #14)CITY COMMUNICATIONS Bernhardson presented Council with various options for communicating with the residents of the Community. It was moved by Goetten, seconded by Butler, to table this item until April 8, 1991. Motion, Ayes­5, Nays -0. Motion passed. ( #15)LMCD COMPREHENSIVE PLAN Bernhardson stated that a meeting is scheduled for March 27, 1991, at 7:00 p.m., to review the draft prepared by the City of Wayzata. Jabbour asked how many cities are going to submit a revised version of the plan. Bernhardson stated that to his knowledge. only the City of Wayzata has prepared any revisions, and that they have done so on behalf of the "Group of Eight ". Goetten commented that there seems to be more attention - 29 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #15•)LMCD CONTINUED being given to the position that the City of Orono has taken from the beginning, and commended Bernhardson, Callahan, and Jabbour for their efforts in this regard. Council accepted the information presented by Bernhardson, and took no formal action. ( #16)SOUTHF7EST DRUG TASK FORCE Bernhardson provided Council with information regarding the opportunity to participate with the Southwest Drug Task Force, at a minimum cost of $3,400 to become a full participant. He said, "Sta,:f is recommending that we make that contribution and participate this year. During the 1392 budget process,,we.could look at the possibility of upgradi-ag our participation, which would bring us to a cost of $15,410." Jabbour stated that he would like to have the new chief's input regarding the program, before making a commitment. Goetten and Mayor Peterson agreed. Callahan suggested the City reject the present invitation, but reconsider participation during the 1992 Council activities. Council took no action. ( #17)1990 BUDGET AMENDMENT Bernhardson presented information to Council, in response to questions raised at their March 11, 1991 meeting. It was moved by Callahan, seconded by Jabbour, to approve the requested budget amendments to the General Fund departmental budgets. Such amendments result in no increase in the total 1990 budget of $2,924,010. Further, to approve the amendments to the Park Fund, the Improvement and Equipment .OL::tlay Fund, and the Building Outlay Fund expenditure budgets and revenue budgets as presented with the increases to be financed by use of available revenues or fund balance as needed. Motion, Ayes-5, Nays -•0. Motion passed. (#18)BRUSH CHIPPER BID AWARD Goetten asked Gerhardson to briefly explain why the City needs to spend $16,000 on a.chipper. Gerhardson d:i_ splayed pictures showing. the chipper's capabilities in handling discarded" Christmas trees and brush. Gerhardson said, "The. City has been burning brush piles, that are equal in size to the Council Chamber room,' three to four times a year. Due to new regulations, we will not be able to continue doing that." - 30 - W •,A- REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #18)BRUSH CHIPPER CONTINUED It was moved by Callahan, seconded by Jabbour, to award the bid to Vermeer Sales for one model 1250 Vermeer Brush Chipper for an amount of $16,550.00. Motion, Ayes -5, Nays -0. Motion passed. ( #19 *)PROPOSED LEGISLATION HENNEPIN PARRS BOARD OF COMMISSIONERS RESOLUTION #2945 Councilmember Butler added this item to the Consent Agenda. It was move=d by Butler, seconded by Goetten, to adopt Resolution #2945, expressing its desire to have the Legislature make Hennepin County Parks Board and all- elected board. Motion., Ayes -5, Nays -0. Motion passed. ( #20)POSITION RECLASSIFICATION ASSISTANT FINANCE DIRECTOR GOLF COURSE SUPERVISOR This item w•as removed from the Consent Agenda by Councilmember Goetten. She stated that she had removed this item because she was not familiar with the duties of the Golf Course Supervisor. Gerhardson stated that he had documentation showing the hours worked by the Golf Course Supervisor. He said, "The main duties of the Golf Course Supervisor are: I Maintaining the course; operating the club house, scheduling leagues, monitoring the operation and balancing the finances on a daily basis.. Ti-iose activities occur while the course remains open from the beginning of April to the end of October. During the off - season, from October 31 to April: The watering system is drained, the greens receive a chemical treatment to prevent snow mold, at times hay is placed on the greens and they are fenced off to prohibit snow mobiles, equipment maintenance and repairs are prnrformed. and equipment needs evaluated. Plans and specifications for any new equipment required are prepared. Also, during the period from November to'ilarch, the Golf Course Supervisor takes his vacations because he has no time to do so during the golfing season. In early February he contacts. the golf leagues and begins scheduling. He also contacts previous employees to determine if they would like to continue working, and than .prepares for opening." Goetten asked what changes had occurred to this position that warrant the reclassification. Gerhardson replied, "During the process of the Comparable Worth Study. Ron was not available to participate and I completed the questionnaires for him. Since that time, the questionnaires we::e returned and Ron was not comfortable with the results, He went through the process again. and completed the questionnaires on his own. The questionnaires were returned with the points - 31 - r.. REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #20)POSITION RECLASSIFICATION CONTINUED indicated." Bernhardson provided a brief explanation of the. questionnaires and the-tabulation method. It was moved by Goetten, seconded by Butler, to adopt the recommended reclassifications for the positions of Assistant Finance Director from Level 5 to Level 6, effective September 1, 1990, with the wage rate adjusted t.a Level 6, Strip III , $13.204 per hour; retroactive to September 1, 1990; and the Golf Course Supervisor reclassified from Level_ 6 to Level 7, effective January 1, 1991. Mayor Peterson asked why it had taken so long for the Assistant Finance Director reclassification to be completed and presented to Council. Bernhardson explained that the process had begun during budget time, and was therefore delayed. Motion Ayes -5, Nays -0. Motion passed. ( #21)COMPENSATION ADJUSTMENT- FINANCE DIRECTOR Councilmember. Goetten removed this item from the Consent Agenda. She explained that, in her opinion, such items should not be included on the Consent Agenda. It was moved by Goetten, seconded by Butler, to authorize the compensation adjustment from Si.ep 3 to Step 4 -Of Level 12, effective January 1, 1991, for the Finance: Director. Motion; Ayes -5, Nays -0. Motion passed. ( #22)COMPENSATION ADJUSTMENT- POLICE CHIEF Councilmember Goetten removed this item from the Consent Agenda, for the reasons she stated in item #21. It was moved by Goetten, seconded by Butler, to authorize the compensation adjustment from Step 3 to Step 4 of Level 12, plus 5 -,s, in accordance with the compensation plan effective January 1, 1991, for th:- Police Chief. Motion; Ayes.-5, Nays--0. Motion passed. ( #23 *.)GOLF COURSE LIQUOR LIABILITY - INSURANCE AWARD .It was moved by Butler, seconded by Goetten, to award the City of Orono Golf Course liquor liability insurance coverage for the policy year April 1, 1991, through March 31, 1992, to the St. Paul Insurance Company at a premium of $1,375. Motion, Ayes -5, Nays -0. Motion passed. ( #24 *)REQUEST FOR FUNDING WESTERN HENNEPIN COUNTY PIONEERS ASSOCIATION, INC_ It was moved by Butler, seconded by Goetten, to authorize the payment of $500.00 as outlined in Ar.tachment A; as the request is within the amount budgeted for 1991. Ayes--5, Nays --0. Motion passed. - 32 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #25 *)ROAD WEIGHT LIMIT RESOLUTION AMENDMENT #2946 It was moved bv Butler, seconded by Goetten, to adopt Resolution #2946, amended, to allow nine ton per axle access on Nillow Drive from Highway 12, 375 feet north to the driveway at Otten Brothers Nursery. Motion, Ayes-5, Nays -0. Motion passed. ( #26 *)MUNICIPAL BOARD PROCESS It was moved by Butler,, seconded by Goetten, to accept the information provided by Staff related to the Municipal Board process. Motion, Ayes -5, Nays -0. Motion passed. ( #27 *)3995 NORTH SHORE DRIVE -JOINT USE DOCK LICENSE ' It was moved bv Butler, seconded b\ Goetten, to table consideration of th�.s item until the April, 8, 1991, Council meeting. Motion, Ayes -5, Nays -0. Motion passed. ( #28 *)DONATION TO CANINE PROGRAM It was moved, by Butler, seconded by Goetten, to authorize the acceptance of the donation from Cub Scout Pack #432 for the Canine Program and direct Staff to send a letter of thanks to the Pack. Motion, Ayes -5, Nags -0. Motion passed. ( #29 *)ADMINISTRATOR'S INFORMATION It was moved by Butler, seconded by Goetten, to accept the City Administrator 1:3 Information regarding.!- Navarre Christmas Decorations, Newspaper Coverage, Barn Permits, Police Chief Selection, and Park Commission /Thank You Letters. Motion, Ayes--5, days -0. Motion passed. CITY ATTORNEY'S REPORT: None. ( #30 *)LICENSES: None. ( #31 *)BILLS It was mi)ved by Butler, seconded by Goetten, to approve payment of tho All Fund:: Account. Motion, Ayes.-5, Nays - -0. Motion passed. EXECUTIVE SESSION At 11:16 p.m. City A::torney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing pending litigation. =19= REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ADJOURNMENT It was moved by Callahan, seconded by Jabbour, to adjourn the Regular Council Meeting. Motion, Ayes -4,, Nays -0, Goetten abstained. Motion passed, and at 11:26 p.m. the meeting adjourned. -• 34 -