HomeMy WebLinkAbout05-28-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 28, 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: City Administrator Mark
Bernhardson, Building and Zoning Administrator Jeanne Mabusth,
Public Works Director John Gerhardson, Assistant Planning and
Zoning Administrator Plichael Gaffron. City Attorney Thomas
Barrett, City Engineer Glenn Cook, and City Recorder Laurie
Scheffler.
( #1 *)CONSENT AGENDA
Mayor Peterson requested that item #22 and #24 be removed
from the Consent Agenda for the purposes of discussion.
It was moved by Jabbour, seconded by Goetten, to approve the
Consent Agenda, with the exception of item #22 and' #24; which
were removed and discussed in the sequence shown on the Agenda.
All voted aye. Motion c3ssad..
( #2)CERTIFICATE OF ACHIEVEMENT- OFFICER JAY DEMBOUSKI
Mayor Peterson presented Officer Dembouski with a Resolution
of Appreciation for his military contribution to the United
States of America, and the City of Orono, while serving as a
Military Police Officer in the United States P9arine Corps
Reserves in Operation Desert Storm.
(U)PUBLIC HEARING - NAVARRE HEIGHTS STORM SEWER IMPROVEMENT
The Affidavit of Publication was duly noted, and r7ayor
Peterson opened the Public Hearing at 7:05 p.m.
Bernhardson provided a historical overview of the proposed
project and explained the purpose of this Public Hearing. He
noted that the bids received by the City for the construction
portion of this project came in at $20,000, which is less than
estimated.
Glenn Cook displayed a map that showed where the proposed
storm sewer would be located, and the properties that would be
included in the project. He stated that the properties involved
in the project would be assessed 8h cents a square foot.
Mayor Peterson indicated that she would now take public
input.
Dean Young: 3555 Crystal Place, expressed concern regarding the
storm sewer diverting water away from several Cottonwood trees in
his yard. He stated "that Cottonwood trees require a significant
amount of water. Mr. Young indicated that he has dug a trench
along the back of his property to facilitate drainage once the
water passes through his front yard.
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
( #3)NAVARRE HEIGHTS STORM SEWER CONTINUED
Cook indicated that the storm sewer project would have no
impact on the Cottonwood trees as they should received sufficient
watering from normal runoff in the area.
Pam Peters, 3640 Togo Road, expressed concern about the City
following through with its plans to establish a swale along the
property. line of the Jehovah's Witness Church and to clean out
the existing ,drainage ditch. She said, "That has not yet been
done. I would just ask that the City take care of the downstream
people before more water is sent to us via the new storm sewer."
Gerhardson stated that he has delayed that project, pending
the outcome of this Public Hearing.
Beth Escher, 3556 Livingston Avenue, stated that she had sent -a
letter to the City expressing her opposition to this project.
She stated that. she had circulated a petition opposing the storm
sewer and it was signed by 66% of the residents, representing 72%
of the lots in the area.. She said., "Since the temporary swale
has been instalied by the City, there has been no water ponding
in the low area, even with the heavy rains we have had recently.
It is the consensus of the neighborhood that something above
ground can -be done to alleviate the problem."
Karen Cuff, 3572 Livingston Avenue, advised that their .lot has
been dug up in conjunction with a construction project they are
now doing. She stated that their property is now serving as an
additional source for the water to go. Cuff indicated that the
ground is totally saturated and that it is impossible for them to
get any equipment in to restore the yard back to its original
condition.
Robert Mitchell, Attorney, representing many of the neighbors
opposing the storm sewer project, stated that his clients do
intend to appeal the assessment roll if adopted. He asked Cook
if the storm sewer pipe will follow the natural drainage pattern.
Cook stated that the pipe would basically follow the
existing drainage pattern, with the exception of some minor
changes which will result from "squaring -off" on the corner of
certain property lines.
Mitchell asked Cook if it would be correct to say that a
drainage solution could be achieved on the ground surface, as
opposed to underground.
Cook replied, "As long -as it` crosses Lot 17 diagonally. If
you were to try to direct the water along the same alignment as
the pipe, there would be a need to put an extremely deep ditch up
in that corner. The swale would have.to be located pretty much
where it is now."
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
(#3)NAVARRE HEIGHTS STORM SEWER CQNTINUED
Mitchell asked. "Would it be safe to say that the water is
following its natural drainage pattern at this time ?"
Cook replied, "Yes, that would be correct."
Mitchell said, "I am trying to point out that Plinnesota Law
entitles water to flow downstream, which is what it is now doing.,
The City has the authority to put in a pipe wherever they feel it
is necessary, but the City cannot assess the cost back to
residents that will have no benefit from that project. The water
is simply going where it has always gone, and the residents in
the area are not obligated to pay for that."
There were no additional comments from the public, and Mayor
Peterson closed the Public Hearing at 7:15 p.m.
It was moved by Jabbour; seconded by Butler, to abandon this
project, based on the fact that the vast majority of residents in
the area are opposed to it.. Further, there is no public safety
risk to warrant the City to mandate the project and assess the
residents. Mayor Peterson stated that there has been a
significant amount of time and money spent on this issue. She
commented that it would have been helpful if all those opposed to
the project would have come forward at the very beginning. She
thanked the residents for coming forward at this point. Butler
stated that given the fact that the majority of residents would
appeal the assessment of this project, it would be unwise to
proceed any further. Jabbour added that Council would not be
spending the citizen's. tax dollars economically if it chooses to
engage legal counsel to assist with the appeal process. All
voted aye. Motion passed.
APPROVAL OF MINUTES:
( #4 *)MINUTES OF MAY 13, 1991 REGULAR COUNCIL MEETING
It was moved by Jabbour, seconded by Goetten, to approve the
minutes of the Regular Council Meeting held May 13, 1991. All
voted. aye. Motion passed.
( #5 *)MINUTES OF MAY 13, 1991 RE- CONVENED BOARD OF REVIEW
It was moved by Jabbour, seconded by Goetten, to approve the
minutes of the May 13, 1991 Re- convened Board of. Review. All
voted aye. (lotion passed.
LAKE MINNETONKA CONSERVATION DISTRICT REPORT - JOELLEN HURR
LMCD Representative, JoEllen Hurr, reported that at the flay
22, 1991 LMCD Board -Meeting, the license request- for- Lakeside
Marina was reviewed and granted. This Marina had been given
approval last year to extend its dock out .600 feet. Hurr and
Councilmember Jabbour, who attended the meeting, informed the
Board that they felt 600 feet was excessive and should not be
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
LMCD REPORT CONTINUED
approved this year. As a result, the Board approved the license
with the dock extending to a maximum of 200 feet. The-owner of
the Marina was given a specific time table in which to bring the
dock into conformance. She noted that the dock currently extends
487 feet, and that the LMCD has. asked the Orono City Staff and
Attorney to proceed with the legal process if the owner is in
violation of the license.
Hurr reported that to date, there have been five BWI's
issued, and two accidents, neither of which resulted impersonal
injury. She informed Council that a tentative budget has been
proposed by the LMCD and should be mailed to each city this week,
to provide the opportunity for cities to have input during the
process.
Callahan asked Hurr what the City of Orono will -be asked to
contribute this year.
Hurr replied, "The levy to the LMCD cities has not.yet been
determined. The Milfoil continues to be a problem... Hennepin
County did not fund the project this year; last year they
contributed $85,000. There is a feeling on the Board that the
LMCD cities should be prepared to fund the Milfoil removal
efforts. I am not convinced of that. At this time, there is
only money to harvest weeds for approximately 30 days."
Butler asked if the increased water level of Lake Minnetonka
would help the Milfoil problem somewhat, given the fact the weed
will only grow in water less than 18 feet deep.*
Hurr agreed it would help somewhat, but that there will be a
greater concentration of the weed closer to the shore.
Jabbour wanted to take this opportunity to thank JoEllen and
the LMCD Board for taking the.• position they *did on the Lakeside
Plarina license.— He added, "The LP4CD Board asked me. if. Orono
could provide any help regarding the issue of Styrofoam. •Perhaps
Staff can do some research into this issue in the future."
Hurr,confirmed that the LPSCD intends to pursue the Styrofoam
issue.
t
Mayor Peterson suggested discussing Agenda item #14, Lake
Use Committee at this time, in light of JoEllen Hurr's presence.
( #14)LARE USE COMMITTEE
Mayor Peterson suggested appointing JoEllen Hurr to the Lake
Use Committee, if she would be willing to serve.
Hurr accepted, saying that in her opinion a Lake Use
Committee would give the Orono, which has 30% of Lake Plinnetonka
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ORONO CITY COUNCIL MEETING HELD MAY 28., 1991
( #14)LARE USE COMMITTEE CONTINUED
shoreline within its boundaries, a means to be more actively
involved with lake issues. s
Mayor Peterson asked Bernhardson to elaborate on this
subject.
Bernhardson suggested that
Committee be two Councilmembers,
and the LMCD representative. H
prepared a draft Charge for the
been appointed, and that a copy
information.
the composition of the Lake Use
two Planning Commission members.
e noted that Michael. Gaffron had
Committee, once its members have
had been included with Council's
'Mayor Peterson stated that she would prefer to see three
Councilmembers, two Planning Commission members, and JoEllen Hurr
comprise the Lake Use Committee. She suggested that the three
Councilmembers could be Jabbour., Callahan,.and Goetten.
Callahan, Goetten and Jabbour agreed to be appointed to the
Lake Use Committee.
Goetten stated that she would like to see the ,Planning
Commission members polled to see which two members would have a
genuine interest in serving, rather than just appointing two
members.
-Mayor Peterson suggested leaving the further appointments to
the discretion of Jabbour, Goetten, and Callahan. -
Butler stated that it would be helpful if the Committee
included at least one person that does not reside on the Lake.
She said. "I believe the Committee needs the viewpoint of someone
that is not intimately involved with lake use issues.
Mayor Peterson asked Hurr, Goetten. Callahan, and Jabbour if
they could get together and bring additional information back to
the June 10. 1991 Council meeting. She asked to•have-a Chair and
Vice -Chair appointed.
It 'was moved by Butler, seconded by,Mayor Peterson, to.
establish a Lake Use Committee and appoint Councilmembers
Jabbour, Goetten, Callahan, and LMCD Representative JoEllen Hurr
to said Committee. These four members have• agreed to make
further appointments to the Lake Use Committee, and will appoint
a Chair and Vice - Chair. Council. gives the Committee Charge.as
outline in Exhibit D. All voted aye. Motion.passed.
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
PUBLIC COMMENTS:
Rosemary Scheuer (Reporter with the "Pioneer ") , noted that the
Municipal Board Process is on the Agenda, but is a Consent item.
She asked what may be expected to happen between now and
November, 1991.
Tom Barrett replied, "The City is waiting to receive a final
draft-from the City of Long Lake. Once that is received, we will
review it, make any changes- and try to negotiate a. final
document. At which point the agreement is acceptable for both
Councils to adopt, the City of Long Lake would then apply for the
rezoning and subdivision of the property before.the appropriate
bodies of-the City of Orono. Once that has been completed, and
if the rezoning and subdivision process are done in a way that is
acceptable to'the City of Long Lake, and a way which will allow
the City of Orono to continue to enforce those regulations, then
resolutions would be presented. to both cities, memorializing
their intent not to seek further. annexation or detachment of the
other's property in the future, and-a resolution seeking from the
Municipal Board an Order allowing the detachment and annexation
of the property .to the City of Long Lake."
Scheuer asked if in essence the Municipal Board is extending
its supervision over the additional negotiations between the City
of Long Lake and the.City of Orono.-
Barrett replied, "The Municipal Board is continuing their
supervision so the applications can be processed and we can
determine that. all of the interests are there. If negotiations
were-to break down, of. course, the. City of Long Lake would. be
free to go back to the litigation if they choose."
Scheuer asked. "Even if a resolution is accomplished at the
end of the negotiations, does the Municipal Board have to
validate it ?" -
Barrett replied, "Yes, it can only be done by an Order of
the Municipal Board."
Art Tourangeau, 2060 Spates Avenue, referred to Council action
that was taken a year ago regarding the property on 1960
Shoreline Drive.. He asked what deadline had been established for
the property owner to remove the condemned buildings.
Mabusth stated that June 15, 1991 was *the established
deadline date.
Bernhardson
within 30 days of
the buildings and
stated that if the buildings are not removed
June 15, 1991, the City has the right to remove
assess the cost back to the property owner.
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
PUBLIC COMMENTS CONTINUED
Mabusth noted that it is her understanding that the
buildings may be moved off the property.
ZONING ADMINISTRATOR'S REPORT:
( #6)ZONING FILE #1555 -E.W. BLANCH, JR.
2501 OLD BEACH ROAD
REQUEST TO AMEND RESOLUTION #2947 -FINAL PLAT APPROVAL
RESOLUTION #2966
Mr. James•MacKinnon, Attorney, was present on behalf of his
client, E.V. Blanch, Jr.
Bernhardson explained that the applicant had requested. that
the language pertaining to Lot 8 be revised so that it may be
sold to someone other than the Freshwater Foundation or
Institute. He noted that Lot 8 conforms to all.standards of the
B -4 Code, and that any future use of Lot 8 would have to conform
to the B -4 Zoning.
It was moved by Butler, seconded by Goett.en, to adopt
Resolution #2966, amending Resolution #2947, which grant approval
of the final plat of "The Marsh at Lafayette ". All voted aye.
Motion passed.
( #7)ZONING FILE #1641- RICHARD KEAVENY
3145 SHORELINE DRIVE
COMMERCIAL SITE PLAN
Bernhardson summarized -the information provided in Jeanne
Mabusth!s.May 15, 1991 memo, which outlined historical aspect of
the contamination, as well as the proposed recovery program to
clean it up. Bernhardson noted that the Planning Commission had
recommended approval of the Commercial Site Plan Review.
Subsequent to the Planning Commission meeting, Staff discussed
the issue further and is recommending, should there .be a motion
to approve, that it include language requiring removal of the
temporary structure once the recovery program has been completed.
Jabbour asked whether it would be appropriate for the City
to require the posting of a bond to assure that the building is
removed and the site is restored.
- Bernhardson stated that it may be more effective to include
language in the agreement stating that in the event the building
is not removed by a certain time, the City will remove it and
assess the costs back to the property owner.
Butler agreed that there needs to be some mechanism in place
so there is assurance that the City will not wind up paying to
have the building removed.
Mayor Peterson asked if the building will meet the required
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
( #7)ZONING FILE $1641- KEAVENY CONTINUED
35 foot setback.
P4abusth stated that the building will meet the setback, it
is the landscaping proposed at the north, east and south side of
the structure that will be 30 feet from Kelly Avenue.
Butler asked why such a permanent building design is being
used, as opposed to bringing in a mobile unit of some sort.
Mabusth stated that the permanent aspect of the structure is
necessary because of the pumping equipment it will house.
Butler asked•Mabusth for the dimensions of the building.
Mabusth replied, "The building will be 10' x 231."
Mayor Peterson asked if the applicant has provided. the daily
flow of treated water discharged into sanitary sewer.
Mabusth explained that the applicant will be required to
provide that in conjunction with the building permit process.
The information is necessary so the City can determine to what
extent the discharged treated water will impact the sewer system
and whether to bill them for a'SAC unit. She 'informed Council
that the• m9CC does not normally charge a SAC unit in cases such
as this.
Mayor Peterson asked how often 'the City will require the
applicant to submit - information regarding the results of the
tests.
Gerhardson stated that such reports are normally submitted
on a quarterly basis. He added that the 'Metropolitan Waste
Control Commission charges a "Strength Charge" because the
product that will be put into the sewer system must be: specially.
treated.
Bernhardson recommended that' the agreement between the
parties could limit alternate uses of the property .while the
temporary structure exists and that would serve as another
incentive to remove the structure.
Council agreed with Bernhardson's suggestion.
•It was moved. by Butler, seconded by Jabbour, to approve the
Commercial Site Plan, as presented - by Richard. Keaveny, subject to
the applicant's preparation of an.agreement,' to be reviewed by
the City Attorney, that will be entered into by the City of Orono
and the applicant. The agreement is to incorporate the
recommendations as discussed by Council. All voted aye. Motion
passed.
ORONO CITY COUNCIL MEETING HELD MAY 23, 1991
( #8 *)ZONING FILE #1643 =DAVID J. NELSON
740 WILLOW DRIVE SOUTH
RENEWAL VARIANCE- RESOLUTION #2967
It was moved by Jabbour, seconded by Goetten, to adopt
Resolution #2967,-granting a renewal of a side setback Variance
to permit the construction of an attached two stall garage at 740
Willow Drive South. All voted aye. notion passed.
( #9)HARDCOVER STATUS OF VEED CONTROL FABRICS
Gaffron 'presented Council with- a variety of literature
regarding weed control fabrics. He also distributed several
samples of different types of woven and -non -woven weed control
fabrics. He stated that the non -woven fabrics have a much higher
permeability range of 10 to 100 times that of woven fabrics.
He added that the local garden centers sell both non -woven and
woven varieties. Gaffron suggested that it would create a
problem, from an. enforcement standpoint, if Council agreed to
allow the use of non -woven versus woven fabrics, but by doing so,
it will tell the residents. that the City prefers non -woven over
woven fabrics.. Also, certain fabrics, manufactured for other
uses, have been treated with various chemicals and /or resins that
will` make them impermeable and those should not be used.
Jabbour indicated that. he ..would like to find out what
percent of water will not pass through permeable fabric and use
that percent when figuring hardcover percentages.
Gaffron advised that there are various methods of testing.
Plost tests.involve a falling or constant head of water focused on
a square foot of fabric, and the rate that water runs through is
determined. The woven fabrics will typically take up to 25
gallons per minute, per square foot. The non -woven fabrics will
take 10 times as much. Gaffron said, "I cannot tell you whether
25 gallons per minute is good, or if we need. to approach 250
gallons per minute. From just reading the product literature it
will be nearly impossible to determine how each of the various
products have been tested."
Callahan asked why Council is considering a revision to the
existing Hardcover Ordinance, which .does not allow permeable
fabric.
Jabbour replied, "People want a method for controlling
weeds, and most will use plastic. When we find out that plastic
is being used under landscaping, we ask to have it removed.. I
think it would be beneficial for everyone if we provide an.
alternative. I think it would help the City if we could steer
people away from using plastic, yet offer an alternative that
will help keep weeds down."
.Mabusth added that if people cannot use plastic, or fabric,
they will be more likely to use chemicals to control weeds.
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
( #9)HARDCOVER STATUS OF WEED CONTROL FABRICS CONTINUED
Goetten stated that anything which allows rain to seep into
the ground should not be classified as hardcover.
Mayor Peterson agreed with Jabbour that offering the
residents a viable alternative would benefit everyone. . She
stated that it would-be difficult for Staff to find every .bit of
plastic that is put under landscaping. It is much better to
allow the use of• fabric., than to -have plastic everywhere..
Callahan noted that allowing the use of fabric will not
automatically mean that everyone will stop using chemicals.
Goetten agreed with Jabbour and Mayor Peterson that allowing
the use of non -woven fabrics would .benefit the City.
Butler reiterated Goetten's point about the inability to
classify anything that allows water to penetrate as hardcover.
She said, "I, would. much rather have someone cover portions of
their yard with something that-allows water to run through., than
have them hire a company to come out and spray everything."
Bernhardson asked whether the fabric would allow water to
penetrate at the same rate if it is located under rockbeds.
Gaffron advised that the fabric functions best when it is in
contact with the ground, as opposed to being in open air.
Bernhardson stated that it is unlikely that it' will ever
rain hard enough to• exceed the capacity of even the woven
fabrics, which typically allow up to 25 gallons of water per
minute to pass through.
Butler noted that Staff's recommendation specifically states
allowing the use of non -woven fabric. She questioned whether a
distinction should be made between woven and non- woven.
Gaffron stated that though it will be impossible "to check
every piece of fabric that is put under landscaping, it would be
best to inform the residents of the-best solution.
. It was moved by Butler, seconded by Goetten, to amend the
current hardcover policy to allow the use of non -woven permeable
weed control fabric as non - hardcover when placed below clean,
permeable landscape rock, wood chips, or similar materials in
landscape beds.. Further, Staff: is directed to update the,
hardcover informational brochure. to reflect current hardcover
policy. Motion,, Ayes -4. Callahan, Nay. Motion passed.
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991'
MAYOR /COUNCIL REPORT:
( #10)JOINT COUNCIL /PLANNING COMMISSION MEETING
Bernhardson noted that the Agenda incorrectly states that
the meeting will be held June 12th. The correct date is June 19,
1991 at 5:30 p.m.
CITY ADMINISTRATOR'S REPORT:
($11)GERALD TOBERMAN, 1960 SHORELINE DRIVE
ZONING APPLICATION #1497
Bernhardson explained that this matter was before Council
this evening to determine whether they wish to reconsider this
application in light of recent decisions from the Minnesota,Court
of Appeals. He noted that the City Attorney had sent a letter to
Jim Gilbert (Mr. Toberman's Attorney), advising him of the issues
raised by Alan Nettles, -a resident .of 1940 Shoreline Drive.
Bernhardson referred Council to Jim Gilbert's May 21, 1991 letter
sent in response to Barrett's letter.
Goetten stated that in light of the information provided in
the City Attorney's memo, she sees no need for this matter to be
reconsidered.
Butler and Jabbour agreed with Goetten and supported. the
City Attorney's opinion to have the matter stand as set forth in
Resolution 4;2953.
No further action was taken.
Dan Crear, '1980 Spates Avenue, stated that there are
existing traffic problems with Spates Avenue, which will worsen
once Mr. Toberman's business is operating. He noted that, when
the Conditional Use Permit was first granted for this property,
approving relocation of-the access from County Road 15 to 'Spates
Avenue, Council indicated they would address the traffic problem
for Spates Avenue.
Art Tourangeau agreed with Crear that traffic is a problem
on 'Spates Avenue, and suggested dead - ending it at the railroad
tracks.
.D4ayor Peterson asked Staff to look into this matter further
and bring information back for Council's consideration.
Alan Nettles expressed concern about the possibility of a
fuel tank still buried underground at* 1960 Shoreline Drive. He
asked if the City to do some research to see if in fact a tank
remains buried, and if so, what its condition is.
Mayor Peterson asked Gerhardson to follow through with.Gtr.
Nettles' request, and report back to Council.
=0=
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
(#12)CITY FACILITIES
Council agreed to hold a City Facilities workshop on June 4,
1991, at 7:10 p.m.
Bernhardson presented Council with information pertaining to
financing of the facilities and the future use of the existing
site, McCulley Road property and the old sewer plant site.
Bernhardson recommended referring the latter to the Park
Commission for, their consideration, in light of previous
discussions, about utilizing one or all of these properties for
Parks.
Jabbour stated that should the Park Commission agree to use
these sites for park facilities, consideration should also be
given -to using Park Dedication funds to develop the property so
it cannot revert to any other use.
Goetten asked if changes in the legislature this year will
have any impact on financing the facilities.
-Bernhardson replied, "My guess at this time, is that any
such changes will not affect the financing for the facilities.
Jabbour suggested that the City newspaper might include a
statement -in their report on what issues the upcoming. workshop
meeting will address.
Council took no formal action on this item.
( #13)PUBLIC'SAFETY DISCUSSION
Bernhardson •provided. Council with updated information
regarding the progress of the discussions with the City of Long
Lake regarding various contracts.
Council accepted the information presented, and .took no
formal action.
(#14)LAKE USE COMMITTEE
This item was discussed in conjunction with the L11CD Report
at the beginning of the meeting.
( #15)POLICE CHIEF SELECTION
Bernhardson informed Council that this item involved three
issues. . The .first is to present. Council with a draft of the
position description for the police chief selection. The second
issue pertains. to the involvement of contracting cities in the
screening and final selection process. Issue number three is
appointment of an acting chief during the interim period .between
Chief kilbo' s resignation and the hiring of a new police chief.,
Bernhardson reviewed the information pertaining -to each issue as
he had outlined in his May 17, 1991 memo.
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ORONO CITY COUNCIL MEETING HELD MAY 2£- 1991
( #15)POLICE CHIEF SELECTION CONTINUED
It was moved by Mayor Peterson, seconded by Butler, to adopt
the position description prepared by James Brimeyer, of Sathe &
Associates, and direct the consultant to include representatives
from each of the cities and screen down to the final candidates
based on preliminary interviews and that the contract cities use
that representative as a non - voting member in the final interview
process. Council appoints Lt. Cheswick as Acting Chief for the
period from July 1, 1591. until a person has begun as the new
police chief. * Butler asked if there would be .a change in Lt.
Cheswick's pay scale after July lst. Bernhardson indicated that
has not yet been considered or discussed. Butler stated that, a
decision. whether there is a pay increase could be based on the
amount of time Lt. Cheswick will be asked to serve in the
capacity of Acting Chief. All voted aye. Motion passed..
( #16)HIGHWAY 12 CORRIDOR STUDY
Mayor Peterson thanked Ann and Dodd Cosgrove, and Bruce
Carlson for their efforts.
Bernhardson presented Council with the traffic study
information from Howard, Needles, and Associates. that had been
provided to the Policy, Technical, and Citizens CoMmittees.
Bernhardson stated that the purpose of the next 'round of
Committee meetings will be to more closely examine the traffic
forecast numbers to see if they make sense, and to determine if
any of the routes will not meet the anticipated. need. He said,
"The forecasts do not really indicate what the best route i.s."
Goetten stated that after the last meeting she attended, it
seemed that MNDOT- was looking more seriously at the south bypass.
She said, "I was trying to make the MNDOT representatives
understand that such an alternative should be the least important
route for them to consider. [4NDOT's thinking is that traffic now
using County Road 15 would use the south bypass. As I understand
it, the reason P1cCulley Road was upgraded was to allow traffic to
go from Mound up to Highway 12, bypassing County Road 15. That,
however', is not the case, because of the congestion on-Highway
12. I think the Council needs to prepare a statement specifying
reasons why the south bypass should be eliminated from the
alternatives."
Butler suggested that it would be helpful for the citizens
that have been involved in this process, to contact State
Legislators and stress their viewpoints on this issue. She said.
"The State Legislators need to be reminded that any new highway
corridor will be extremely expensive to construct. The taxpayers
of* Minnesota. will not be receptive to the idea of paying for yet
another stretch of blacktop. It is my understanding that the
State of Minnesota has more miles of blacktop per capita- than
almost any other state in the,Country. Minnesota is not the most
heavily populated State in the Country,.and we have a climate
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ORONO CITY COUNCIL MEETING HELD MAY 2$, 1991
( #16)HIGHVIAY 12 CORRIDOR CONTINUED
that does not lend itself to more blacktop, because it only has
to be fixed. There has, been no indication that existing Highway
12 mould 'be torn up and removed, so there will just be more
blacktop to repair, maintain, and pay .for. To put the corridor
anywhere other than where it is now, would be politically and
financially foolish."
Jabbour referred to the traffic.forecasts and stated that if
there is any validity to the numbers indicated, life in Orono, as
it is now, will cease to exist, once the .corridor is changed.
Mayor Paterson noted that Ann Cosgrove's information
indicated a need for Orono representatives to meet with
representatives from the City of Lang Lake. She asked Ann if she
was referring to Councilmembers or citizens meeting, together.
Mayor Peterson stated that Orono Councilmembers are waiting for
the City of Long Lake to take a position on the issue before
holding a joint meeting.
Ann said, "Initi -ally, we would like to have liaisons between.
Council and our groups so we can work together.. It would be
helpful if we could ask the City to provide us with some
information, such as well locations, etc., rather than having to
hire someone to do that. We would like Orono Councilmembers to
work with us to eliminate duplication, and focus our efforts more
efficiently."
Jabbour .noted that Cosgrove' s group has sched.uled a meeting
with Fong Lake residents for June 1.
Ann stated that is correct, and that citizens from Long Lake
have indicated they will bring in a mediator and want only four
residents from each city to attend. She said. "I am still not
sure if they want City Council people to attend."
Jabbour suggested that the meeting may -be more beneficial if
Councilmembers---are not -in - attendance . because of--the other-.---..
political issues that may bog down discussions on Highway 12,
Mayor Peterson asked Ann if there has been a decision on
which four .Orono residents. would attend.
Ann replied,•"Sherokee Ilse and I are deciding which of us
should. go i.n . - addition -to Ben Field, Bruce Carlson., and John
Coleman."
Callahan asked what need there is for a mediator.
Cosgrove indicated that she did. not know, it was suggested
by the people from Long Lake.
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
( #16)HIGHVIAY 12 CORRIDOR CONTINUED
Goetten commented that the suggestion to have a mediator
present gives one the feeling that there is already friction
before the meeting occurs.
With regard to eliminating the south bypass, Bernhardson
suggested it may be appropriate to specify no south bypass within
the City of Orono to avoid any unnecessary conflict with Maple
Plain or Independence. He advised that the City of Independence
has been preserving a corridor that they consider to be a
southern bypass.
Callahan asked the members of the Citizen's Group if they
are in support of the City Council's position.
Ben Field replied, "I represent the northern, County Road 6
group, and we are very much in favor of the Council's stand on
where the corridor should go. We would encourage a very forceful
representation of that to MNDOT when the meeting with the
Commission of Transportation occurs."
Jabbour stated that what he has sensed from talking with
members of the Citizen's Group is that they feel that Council has
"dropped the ball since making our motion to take a firm
position. He said, "I think the Group would like Council to now
sell that idea forcefully to whoever is in charge."
Bruce Carlson indicated that he did not think Council had
dropped the ball, but had merely come to the next step in the
process. He asked Council if anyone knows what assumptions were
used in the preparation of the preliminary studies.
Bernhardson stated that PINDOT did not explain their
methodology to a great degree. He suggested that it may-.be
helpful to ask Larry Dallam directly about specific assumptions.
Carlson asked if Council is aware of the purpose for the
upcoming meeting with the Commissioner of Transportation. -
Bernhardson replied, "The City received a call indicating
that the Commissioner would like to talk individually with
elected representatives of the two communities."
Jabbour stated that he would like to know when the meeting
will take place, and who will be attending it.
Bernhardson indicated that the date of June 17, 1991 is
being tentatively considered.
Goetten expressed. concern about waiting that long for the
meeting to take place, and suggested it be held next week.
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
(#16)HIGMIAY 12 CORRIDOR CONTINUED
Butler stated that she would very much like to attend the
meeting with the Commissioner.
Goetten asked if the meeting can only be attended by two
Councilmembers.
Bernhardson stated that no more than two Councilmembers can
attend the meeting without the need to make it public. He added
that it will more than likely be possible for one' Staff and.
Planning Commission member to attend as well.
Jabbour wanted to ask Planning Commission Chair, Charlie
Kelley to attend.
Butler preferred to see such meetings have more group
observation,. than group participation. She said, "In meetings
where there is a great deal of introducing people and discussion
of topics things tend to be misinterpreted and taken out of
context from one side to another. If there is an audience,
especially during discussions of a topic as emotional' as Highway
12, there is a .much better chance of. having the discussions
understood, the 'process accepted, and the end result implemented
in a more efficient manner."
Bernhardson advised that he would contact the Commissioner
of Transportation tomorrow to find out more about the number of
representatives that can attend the meeting, and whether it can
be held next week.
Mayor Peterson asked if Councilmembers Butler and Goetten
would be willing to attend the meeting.
Both indicated in-the affirmative.
Jabbour stated that there should not be one meeting
pertaining to Highway 12. Corridor. that is not attended by a
coalition from the- °City- of - Orono•: -
Goetten urged Council and the Citizen's Group to keep the
lines of communication open.
Cosgrove asked Council if it would be possible for them to
appoint a member to attend the Citizen's Group'meetings.
Goetten advised Ms. Cosgrove that she is welcome to call any
of the Councilmembers.at any time.
Jabbour added that the Citizen's Group should also feel free
to call City Staff and enlist their assistance.
Gaffron indicated that he would assist,the Citizen's Group
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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
( #16)HIGHWAY 12 CORRIDOR CONTINUED
by providing well locations.
( #17)GOLF COURSE - POLICY FOR GOLF ROUNDS
It was moved by Butler, seconded by Mayor Peterson, to adopt
option #1 (see page four of Mark Bernhardson's memo dated May 17,
1991) as a formal .policy, and that such policy shall be reviewed
annually to determine the total amount of revenue foregone by the
policy. All voted aye. Motion passed.
( #18)LIQUOR VIOLATION REVIEW PROCESS
Bernhardson requested that this item be tabled.
It was moved by Jabbour, seconded by Goetten, to table this
item until Council's June 10, 1991 meeting. All voted aye.
Motion passed.
( #19 *)MUNICIPAL BOARD PROCESS
It was moved by Jabbour, seconded by Goetten, to accept the
information presented regarding the Municipal Board Process. All
voted aye. Motion passed.
( #20 *)HIGHWAY 12- SEWER /WATER -2160 WAYZATA BLVD. - DAMAGE CLAIM
It was moved by Jabbour, seconded by Goetten, to accept the
information presented by Staff, and to attempt to resolve this
matter by the June 10, 1991 Council meeting. All voted aye.
Motion passed.
( #21 *)CERTIFICATE OF ACHIEVEMENT- OFFICER JAY DEMBOUSRI
RESOLUTION #2965
It was moved by Jabbour, seconded by Goetten, to adopt
Resolution #2965, expressing Council's appreciation to Police
Officer Jay Dembouski for his efforts while on active duty with
the U.S. Marine Corps stationed in the Persian Gulf. All voted
aye. Motion passed.
( #22)SALARY ADJUSTMENT- PATROL OFFICE JAY DEMBOUSRI .
Mayor Peterson had requested that this-item be removed from
the Consent Agenda. She indicated that she had no objection to
the increase in pay, but noted that Officer Dembouski was on
active duty. with the Marine Corps for five months of the
probation period. Mayor Peterson questioned whether it would be
appropriate to approve the pay increase, but extend the probation
period for an additional five months.•
Bernhardson replied, "It is my understanding that when a
reservist is' called to active duty for a period of less than 180
days, that time away is not considered in his place of regular
employment."
It was moved by Mayor Peterson, seconded by Jabbour, to
formally authorize the increase to $13.414 under the 1990
17 -
•r"
a �
ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
(#22)SALARY ADJUSTMENT- OFFICER DEMBOUSKI CONTINUED
Contract for Officer Dembouski based on his satisfactory
performance effective 4/6/91. All voted aye. Motion passed.
( #23 *)RESIGNATION- OFFICER TIMOTHY ROBERTS
It was moved by Jabbour, seconded by Goetten, to accept the
resignation of Timothy Roberts from his temporary position as a
patrol officer effective 5/29/91 with appreciation for his work
and wishing him the best in his new position with the City of
Bloomington._ All voted aye. Motion passed.
( #24)WATER FOWL REMOVAL PROGRAM
Mayor Peterson asked that this item be removed from the
Consent Agenda for discussion. She asked Bernhardson how many
more years the City will contribute to this effort.
Bernhardson believed that the City had agreed to four years
of participation.
It was moved by Butler, seconded by Mayor Peterson, to
authorize the removal of the water fowl. from the Pheasant Lawn
area by Dr. James Cooper, as has been done in the past years, and
to agree to contribute up-to $200.00 towards this effort for the
year 1991. All voted aye. Motion passed.
( #25 *)ADMINISTRATOR'S INFORMATION
It was moved by Jabbour, seconded by Goetten, to accept the -
City Administrator's Information regarding: Clean -up Day and
Wire Transfers. All voted aye. Motion passed.
CITY ATTORNEY'S REPORT: None.
( #26 *)LICENSES
It was moved by Jabbour, seconded by Goetten, to approve the
following license(s):
Septic System Installer:
Don's Backhoe & Exc.
11585 110th Street
Cologne
McCarty Water & Waste
6250 Highway 12
Maple Plain
Garbage & Refuse Collectors: Baldy Sanitation Inc.
5906 Henry Street
P'laple Plain
Westonka Sanitation,
3146 Island View
Mound
ORONO CITY COUNCIL MEETING HELD MAY 28, 1991
( #26 *)LICENSES CONTINUED
Residential Kennel: Rodney Crawford
4705 North Shore Drive
All voted aye. Motion passed.
(#27 *)BILLS
It was moved by Jabbour, seconded by Goetten, to approve
payment of the All Funds Account. All voted aye. Motion passed.
EXECUTIVE SESSION
At 9:14 p.m., City Attorney Barrett requested that Council
adjourn to an Executive Session for the purpose of discussing
pending litigation.
ADJOURNMENT
It was moved by Goetten, seconded by Butler, to adjourn the
Regular Council Meeting at 9:23 p.m. All voted aye. Motion
passed.
Barbara A. Peterson, Mayor
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