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HomeMy WebLinkAbout10-09-2006 Council Packet PUBLIC ATTENDANCE MEETING DATE f � ! �l CO�JI'�CIL � PLEASE FILL OUT THE INFORMATION REQUESTED ❑ PLANNING COMMISSION BELOW FOR OUR CITY RECORDS. ❑ PARK COMMISSION ❑ OTHER PRESENT FOR (frotn agenda) NAME (please print) ADDRESS NAME OR NUMBER , � c�, .- 1. ti� . �M � �Ssv � J CAC � c f 2. ��/✓ ; �f��R 1�5 I-`� .3 �, �.4�I��'- `l,�c� �zc���l ����y1 �� �- 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 1�. \��:`�Adinini.v:iti�c JuppurN�Pur:n.�\Publlc:Vc<ndanccn��ul AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 9, 2006, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of September 25, 2006 PARK COMMISSION COMMENTS - Laurie Esau, Representative PLANNING COMMISSION COMMENTS - Ralph Kempf, Representative PRESENTATION 3. Dick Lewis, Orono School Board - Orono School District Referendum 4. Sally Koenecke, Lake Minnetonka Communications Commission - 2007 Proposed Budget PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. #06-3221 Sean and Nicolie Wheeler Hendrickson, 1580 Long Lake Boulevard - Variance - Resolution 6. #06-3224 Michael Sharratt of Sharratt Design & Co. on behalf of Thomas and Rebecca Lowe, 3295 Carman Road - Variance - Resolution 7. #06-3231 William S. Dampier, 3550 Ivy Place - Variance 8. #06-3212 Hempel Properties, Outlot A Stonebay (NW Corner of Willow Drive North and Highway 12) - Application Withdrawn - Discussion MAYOR/COUNCIL REPORT CITY ENGINEER’S REPORT 9. Jamestown Road Sewer Project - Request for Payment No. 2 CITY ADMINISTRATOR'S REPORT 10. Appointment of 2006 General Election Judges - Resolution 11. Establish Absentee Ballot Board - Resolution 12. Replacement of Police Department Security Monitors 13. Authorize PERA Coverage for Part-Time Police Officer Position - Resolution 14. Establish Date and Time for Canvassing Board Meeting AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 9, 2006, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT 15. Authorize Submission of Application for Registration for Crystal Bay Access Lots 16. LICENSES * 17. BILLS UPCOMING ISSUES AND EVENTS 2006 10/04 - Planning Commission Work Session, Wednesday, 5:30 p.m. 10/06 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/07 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/09 - Council Meeting, Monday, 7:00 p.m. 10/10 - Council Work Session, Tuesday, 5:45 p.m. 10/13 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/14 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/16 - Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison - Bob Sansevere) 10/20 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/21 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/23 - Council Meeting, Monday, 7:00 p.m. 10/24 - Council Work Session, Tuesday, 5:45 p.m. 10/29 - Daylight Saving Time ends 11/01 - Planning Commission Work Session, Wednesday, 5:30 p.m. 11/03 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 11/04 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 11/04 - Absentee Voting at City Hall, Saturday, 10:00 a.m. - 3:00 p.m. 11/06 - Absentee Voting at City Hall until 5:00 p.m. 11/06 - Park Commission Meeting, Monday, 7:00 p.m. (Council Liaison - Jim Murphy) 11/07 - GENERAL ELECTION, Tuesday, 7:00 a.m. - 8:00 p.m. 11/10 - HOLIDAY, Observance of Veterans Day, Friday 11/13 - Council Meeting, Monday, 7:00 p.m. 11/14 - Council Work Session, Tuesday, 5:45 p.m. 11/20 - Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison - Jim White) 11/23 - HOLIDAY, Observance of Thanksgiving Day 11/24 - HOLIDAY, Observance of Thanksgiving Day 11/27 - Council Meeting, Monday, 7:00 p.m. 11/28 - Council Work Session, Tuesday, 5:45 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ ROLL CALL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, Jim White and Lili McMillan. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Evelyn Turner, City Attorney Matt Brokl, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE/AMEND Items 5, 8, 9, 10, 11, 14, and 16 were added to the Consent Agenda. White moved, Murphy seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF SEPTEMBER 11, 2006 White moved, Murphy seconded, to approve the minutes of the September 11, 2006 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS – JEFF SODERSTROM, REPRESENTATIVE No representative was present. PLANNING COMMISSION COMMENTS – DICK KROEGER, REPRESENTATIVE Kroeger stated he had nothing to report but would remain for questions. PUBLIC COMMENTS Randy Gilbert, Long Lake City Mayor, reported that Dan Tibbetts, Long Lake Planning Commissioner and Fire Department volunteer, has passed away and memorial services are scheduled for Thursday, September 28. ZONING ADMINISTRATOR’S REPORT *3. #06-3204 CHAD M. LINDBLOOM, 2690 RAINEY ROAD – VARIANCE – RESOLUTION NO. 5511 White moved, Murphy seconded, to adopt RESOLUTION NO. 5511, a Resolution granting variances for the property located at 2690 Rainey Road. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 1 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 1 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ *4. #06-3206 KEN AND LORIJEAN ANDERSON, 4225 FOREST LAKE DRIVE – VARIANCE – RESOLUTION NO. 5512 White moved, Murphy seconded, to adopt RESOLUTION NO. 5512, a Resolution granting variances for the property located at 4224 Forest Lake Drive. VOTE: Ayes 5, Nays 0. *5. #06-3210 STEVEN WEBSTER AND SANDRA LARSON, 500 AND 540 ORONO ORCHARD ROAD SOUTH – LOT LINE REARRANGEMENT AND VACATION OF ALLEY – RESOLUTIONS NO. 5513 and 5514 White moved, Murphy seconded, to adopt RESOLUTION NO. 5513, a Resolution approving a subdivision of a lot line rearrangement for properties located at 500 and 540 Orono Orchard Road South, Application No. 06-3210. VOTE: Ayes 5, Nays 0. White moved, Murphy seconded, to adopt RESOLUTION NO. 5514, a Resolution vacating the 12- foot wide alley within Block 13 of the plat of Minnetonka Bluffs in the City of Orono, Hennepin County, Minnesota, Application No. 06-3210. VOTE: Ayes 5, Nays 0. 6. #06-3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW DRIVE NORTH AND HIGHWAY 12) – COMMERCIAL SITE PLAN REVIEW AND COMPREHENSIVE PLAN AMENDMENT Jeff Wrede with Tushie-Montgomery Architects; Sara Malin, Hempel Properties; and Alex Young, MSB Development, were present. Gaffron noted this application was discussed at the September 11 Council meeting when only three council members were present. Since the applicants are requesting a comprehensive plan amendment, a four-fifths vote is required. Sansevere inquired whether anything with the application has changed since the Council’s work session on this matter. Gaffron stated very little has changed. At the work session the Council had suggested the applicants look at the potential uses for the site and the architectural design of the buildings. Wrede distributed some preliminary color depictions of the retail building and office building. Wrede stated their intent is to design the two buildings with the same basic style. Sansevere stated to his understanding the issue with this application at the last Council meeting was the potential type of uses for this site rather than the design of the buildings. Murphy concurred that the Council spent a considerable amount of time discussing the uses for this site. Wrede stated they did not anticipate being first on the agenda tonight and that a representative from Hempel will be attending the meeting tonight and will be addressing that issue. Wrede stated it is their intention to find tenants that comply with the list previously developed by the Council. ______________________________________________________________________________ PAGE 2 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 2 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (6. #06-3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW DRIVE NORTH AND HIGHWAY 12), Continued) Murphy stated the issues are whether the Council is going to vote in favor of a comprehensive plan amendment and whether this is going to be a development that is unique to the other retail developments in Long Lake. Murphy stated he has concerns with the retail portion of this development given the number of other retail buildings that have been constructed in the past couple of years in the area and the large amount of vacant space still remaining in those buildings. Wrede stated in their opinion the retail component is critical to making the office component viable. Wrede pointed out that a large number of residents in the Stonebay development at the Planning Commission meeting expressed an interest in the retail component and that they are attempting to design a development that would be pedestrian friendly. Sansevere stated he thought it was made clear at the work session and the previous city council meeting that the Council does not feel retail at this site is a good choice. McMillan stated she had indicated at the last council meeting that the eight retail bays should be reduced to four retail bays. White stated the reason why the Council voted in favor of a Walgreens at this site was that Snyder Drug was not doing well economically at that time. White indicated the Council is not necessarily in favor of retail for this site and would prefer to keep all the retail in the same basic location. Sansevere stated he is not in support of retail on this site. Malin stated they are looking for a formal resolution from the Council on this matter. Alex Young, MSB Commercial, stated he is representing the development company that is interested in constructing a medical building and that without the retail component on the site, it is unlikely that they would be interested in pursuing construction of the medical building. Murphy commended the parties involved for their efforts at attempting to develop this site and that he would like to see the medical component pursued. Murphy stated the Cities of Long Lake and Orono should focus their efforts at filling the current retail buildings rather than constructing another retail building that may remain empty for a period of time. Wrede inquired exactly what the City Council would be voting on tonight. Brokl stated the Council would be voting on the amendment to the comprehensive plan. Wrede stated they are requesting at this time that the City Council eliminate the requirement for a pharmacy on this site. Wrede inquired whether the retail on this site is limited to the list that was developed by the Council and distributed at the last meeting. Brokl stated that list was part of a Planned Unit Development, which has since expired. Brokl stated a new list would need to be developed. Wrede inquired whether retail would be allowed on the site at all. ______________________________________________________________________________ PAGE 3 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 3 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (6. #06-3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW DRIVE NORTH AND HIGHWAY 12), Continued) Gaffron stated under the current Comprehensive Plan, the retail element must consist of a pharmacy, and if that element were removed, it would be up to the Council to determine what retail would be appropriate for this site. Murphy indicated he would not be in favor of changing the comprehensive plan amendment. Josh Kerznack inquired whether they would be allowed to proceed forward with a pharmacy if the Council votes not to change the Comprehensive Plan tonight. Brokl stated they could construct a pharmacy on the site but they would need to go through the Planned Unit Development process. Sansevere commented he does not want to be force-fed any particular development. Kerznack commented it feels that they have not made any progress on this application and that they are not interested in constructing a pharmacy at this site. Kerznack stated they are requesting that the pharmacy component be eliminated from the comprehensive plan. Murphy stated if the comprehensive plan is not changed, the City would go back to square one on this application, and that he does not want to mislead the parties that he would approve retail on this site. Kerznack stated he understands they would need to go through the Planned Unit Development process if the comprehensive plan is changed. Sansevere stated from his understanding of the last Council meeting, the biggest concern was the amount of retail and the uses. Sansevere stated the City is not in need of additional retail at this time. Kerznack pointed out at some point the comprehensive plan would need to be changed and that they are simply requesting the Council approve the removal of the requirement of a pharmacy for this site. McMillan stated in her opinion the Council was probably mistaken when they rewrote the comprehensive plan to require a pharmacy on this site but that she does not want to be changing the comprehensive plan every time a developer approaches the City about developing this site. Gaffron stated if the comprehensive plan is not amended at this time, any development of the site would need to include a pharmacy on this site. Gaffron stated if the pharmacy is eliminated, it would allow a developer to come before the City with a plan similar to what is being proposed tonight by the applicants. Gaffron noted this property is currently zoned RR-1B and that the prior rezoning is not valid and is now void because the previous proposed development on this site never occurred. Gaffron stated a list of uses could be included in the rezoning application. Brokl indicated the big picture is that there was a two-piece deal previously and that the half that is left does not work on its own and is in conflict with the City’s zoning for this area. Brokl stated residential homes could be constructed on this site, which may not be what the applicants are interested in. ______________________________________________________________________________ PAGE 4 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 4 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (6. #06-3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW DRIVE NORTH AND HIGHWAY 12), Continued) Murphy stated in his view if tonight’s comprehensive plan amendment is not approved, the City would be better off if the first comprehensive plan amendment is undone and the site is rezoned. Gaffron stated if the Council undoes what was done a few years ago, it would allow an office development on this site. White stated the consensus of the Council is that they do not want retail on this site. Kerznack stated if the comprehensive plan is not amended, they have zero options available to them and that they are not able to construct the medical office building without the retail component. Kerznack indicated they would be able to wait for enough medical users to occupy the building but that without the comprehensive plan amendment, they have no options for developing this site. Murphy inquired when their option for financing expires. Kerznack stated they have until October 13th. Gaffron stated the Council would be taking one step back if they undo what was done last time, which would leave the City Council with a site that was zoned RR-1B office, which would need to be rezoned to B-6, and would require a RPUD. Kerznack inquired if the comprehensive plan amendment is approved tonight, whether they would be able to proceed forward with the medical building. Sansevere stated they could but that it sounds like one of the other partners is not interested in constructing a medical building without the retail component. Kerznack stated if they have the option of constructing a medical building, they could at least look at that option and hold the land until they have enough tenants to make the project viable. Murphy inquired whether the Council is in agreement with a medical building on this site. White stated it appears the consensus of the Council is to allow a medical building on this site. Murphy inquired how the Council could approve that option. Sansevere suggested the Council table this application until October 9th, which would give the applicants time to design a plan depicting a medical office building on this site. Kerznack stated they could go ahead and construct a medical building on this site, but that it is likely it would sit vacant for some period of time. McMillan stated she personally would like to undo the comprehensive plan amendment that was approved a couple of years ago and that she is not able to make any decision on what type of development she would approve for this site at this time. ______________________________________________________________________________ PAGE 5 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 5 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (6. #06-3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW DRIVE NORTH AND HIGHWAY 12), Continued) Brokl stated one of the options available to the applicants tonight or at the next meeting is that the applicants could amend their application to request a reguiding of the site to office use, with the condition that there would be no retail component. Brokl stated under the City’s current comprehensive plan, retail uses are permitted, which would require an RPUD approval process. The applicants would still need a RPUD since the site is still zoned residential. Brokl stated the applicants could argue in the future for the retail component but they would be able to pursue the office component at the present time under that option. Sansevere inquired whether the developer would be willing to construct just the medical component without the retail. Young stated they would not be interested in putting a building on this site until they had some tenants for the structure and that in their opinion, based on the present market, the retail component would be a draw. Murphy moved, Peterson seconded, Application #05-3212, Hempel Properties/John Terrance Homes, Outlot A, Stonebay, to deny the Comprehensive Plan Amendment. Gaffron stated if the comprehensive plan amendment were denied, the site would still require a pharmacy. Murphy stated he would like the Council to undo what was previously approved for this site. Brokl stated the City could proceed forward with the rezoning and reguiding of this site if they so choose but that the City would need to provide notice to the property owner. Sansevere inquired whether the applicants would like this application tabled. Kerznack inquired what the next step would be if the application is tabled. Sansevere stated it is unlikely that the comprehensive plan amendment approved a couple of years ago could be redone by the next council meeting. Sansevere stated tabling their application would give the applicants some time to revise their plans to only propose office for this site. VOTE: Ayes 5, Nays 0. *7. #06-3214 RUDY WICKLANDER HOMES, INC., 3345 CRYSTAL BAY ROAD – VARIANCES – RESOLUTION NO. 5515 White moved, Murphy seconded, to adopt RESOLUTION NO. 5515, a Resolution granting variances for the property located at 3345 Crystal Bay Road. VOTE: Ayes 5, Nays 0. *8. #06-3219 EDSON SPENCER, 1135 SPRING HILL ROAD – SUBDIVISION – FINAL PLAT – RESOLUTION NO. 5516 White moved, Murphy seconded, to adopt RESOLUTION NO. 5516, a Resolution Approving the Plat of Spencer Addition. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 6 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 6 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ MAYOR/COUNCIL REPORT This item follows Item No. 15. CITY ENGINEER’S REPORT *9. FERNDALE ROAD NORTH I/I PROJECTS White moved, Murphy seconded, to accept the proposal from Visu-Sewer Clean and Seal, Inc., in the amount of $13,385.00 for the I/I reduction projects on North Ferndale. VOTE: Ayes 5, Nays 0. *10. MINNESOTA CITIES STORMWATER COALITION MEMBERSHIP White moved, Murphy seconded, to authorize the City’s membership in the Minnesota Cities Stormwater Coalition, at a cost of $565.00, and to authorize the City Administrator to sign the Letter of Understanding regarding membership in the Coalition. VOTE: Ayes 5, Nays 0. *11. MS4s STORMWATER PERMIT APPLICATION White moved, Murphy seconded, to approve the submittal of the MS4s application, and to authorize the City Administrator to sign the application. VOTE: Ayes 5, Nays 0. 12. ORONO ORCHARD ROAD/COUNTY ROAD 15 INTERSECTION ANALYSIS White commented this is a win/win situation for the City to study this intersection. White inquired whether state aid monies would be expended on this matter. Kellogg noted state aid monies would be used to conduct the analysis. White suggested the stoplight option not be included in the proposal at this time. McMillan stated she would like to see whether there is some flaw with the intersection that is causing the accidents or whether they are simply random accidents. McMillan stated she would not recommend including language regarding the turn-about and that she would like to work with the county prior to making any recommendations for changes at this intersection. Murphy stated there have not been a significant number of accidents at this intersection but that he personally has experienced a couple of close calls and that this is a situation that needs to be closely looked at. McMillan commented the speed limit on this road is 50 and that perhaps the speed limit is too high as it approaches this intersection. McMillan moved, White seconded, to authorize Bonestroo to conduct the Orono Orchard Road/County Road 15 intersection analysis at a cost of $5,600, and to amend the Municipal State Aid Fund budget to reflect this expenditure. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 7 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 7 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ CITY ADMINISTRATOR’S REPORT 13. JOB EVALUATION CONSULTANT Sansevere inquired whether other cities routinely hire job evaluation consultants and why job evaluations are not performed at the staff level. Moorse stated this is not a performance evaluation. The consultant will be taking a look at the hierarchy of positions in the organization and determining their relative value to the City. Moorse stated in the 1980s the City was required to do job evaluations and that a number of the cities got together and hired a consultant to design a job evaluation system. Moorse stated the system that the City has been using is no longer going to be supported by the company who developed it and the City needs to hire another company. Sansevere moved, White seconded, to accept the proposal from Benjamin Consulting Group, Inc., for the pay equity analysis/job evaluation process, at a cost not to exceed $9,000; and to authorize the expenditure of up to $5,900 for the market analysis and compensation design review elements of the proposal subject to the determination of the level of assistance needed. VOTE: Ayes 5, Nays 0. *14. REQUEST TO HIRE PART-TIME POLICE OFFICER STEVEN STURM White moved, Murphy seconded, to approve the hiring of Steven Sturm as a part-time police officer beginning 9/26/06 at the beginning part-time pay rate of $19.76 (2005). VOTE: Ayes 5, Nays 0. 15. POLICE SERVICE CONTRACT Moorse stated this item relates to the Orono police service contract and as part of that contract, the City of Orono provides police services on a contractual basis to the Cities of Long Lake, Minnetonka Beach, and Spring Park. The contract provides for a basic level of police service and a portion of the contract provides for supplemental services. Under the basic level of service, patrol officers are not assigned to a specific city, but respond to calls in all cities as needed. Over the years Long Lake has had two supplemental officers. For 2007, the City of Long Lake is requesting one supplemental officer. Moorse noted three members of the council met in a work session on this matter a couple of weeks ago to discuss that issue and how to deal with the loss of police service and revenue. The conclusion of the meeting was that there is a lack of clarity about how the service works in the contract under the basic and supplemental portions and that Orono needs to make an effort to clarify that with Long Lake. Moorse noted the City of Orono would lose approximately $75,000 based on the reduction. The discussion centered around whether Orono should enter into clarification discussions with the City of Long Lake to better explain the level of services that the Orono Police Department provides and to leave Long Lake’s police service as is for the next six months while this process is being undertaken. Murphy stated he is the one who made the proposal in the work session and that the proposal is a good faith effort on the part of Orono while the clarification efforts are going on. Murphy stated the Council should understand that the Orono Police Department would lose the revenue from the City of Long Lake and that the level of service being provided to Long Lake would need to be reduced if the City of Long Lake determines that they will continue with their decision following those discussions. ______________________________________________________________________________ PAGE 8 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 8 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (15. POLICE SERVICE CONTRACT, Continued) Murphy stated it is the opinion of the Orono Police Chief and others that the level of service being provided to Long Lake is the correct level of protection and that community-wide policing is important to keep ahead of the issues facing this area in the upcoming years. Murphy stated he has enough confidence in the level of service and competency that the City of Orono has been providing that the current service level should continue and that the issue may be related to miscommunication regarding the basic versus supplemental provisions. Murphy recommended discussions commence with the City of Long Lake while their level of service is maintained. Murphy stated the city has a fundamental responsibility for public safety and that he would like to see that level of service continued. Murphy recommended the Police Advisory Board meet more frequently. Murphy stated the proposal that he put forth in the work session is that Long Lake’s level of service remain in effect for the next six months while discussions are commenced between the City of Long Lake and the City of Orono on the issues. Murphy requested Long Lake seriously consider the continuation of police service at the current level in the future and reconsider their decision. Sansevere stated he is unsure why a work session cannot be scheduled in the immediate future to discuss these issues and avoid the need to continue the services for the next six months at a cost to the taxpayers of Orono. Sansevere stated the City of Long Lake made their decision and that the Orono City Council should respect that decision. Sansevere recommended Orono find a way to continue the number of police officers rather than reducing the police force. Murphy stated if the City of Long Lake does not agree to continue the level of service that they are presently at, he would recommend reducing their protection down to 35 hours as requested. McMillan commented she feels this is a good faith effort between the two cities to arrive at a solution and that she is hopeful it will not take six months. Sansevere stated he has a hard time telling the City of Long Lake what is best for them. Chief Stephanie Good stated she is not able to tell the Council whether to make the six month proposal to Long Lake. Good indicated they have tried to increase communications with all of the residents by assigning a police liaison to Long Lake, by participating in special events and citizen police academies, but that it is difficult to create a forum to discuss exactly how the police contract works. Good stated the loss of one officer would impact all the cities, particularly in the event of an emergency. Good stated the police department has also tried to address issues dealing with how residents should handle a possible drug house and the time of response to a call. Good stated in her opinion the police department has been doing a good job and she is more than willing to look at ways to continue to provide that level of service to Long Lake. White stated one of the things that came out of the work session is if the Orono Police Chief feels the force is adequate, the City of Orono should find some other way to offset that loss and continue to employ the same number of police officers. White stated another issue is to make the contract more ______________________________________________________________________________ PAGE 9 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 9 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (15. POLICE SERVICE CONTRACT, Continued) understandable and improve the lines of communication. White stated the offer was a showing of good will on the part of Orono. Sansevere commented in his opinion there has always been good will on the part of Orono. Murphy stated his understanding of the work session is that there was a recommendation that the proposal be made to the City of Long Lake and they could either accept it or reject it. Gilbert stated he is not able to commit on behalf of the City of Long Lake, but that Long Lake does believe in the safety of the community. The Long Lake City Council reviewed a number of documents prior to reaching their decision to reduce the level of service and that in his opinion the contract should be rewritten. Gilbert stated the Long Lake City Council was informed at the time a tavern was added to their city limits that they would need to add a police officer, and that at the present time they have seen the loss of two bars within the city limits, which has played a factor in their decision to reduce the level of protection. Gilbert stated he appreciates the good will offer and understands that the police department and others feel Long Lake should maintain that level of service but that the City Council made their decision based on the information that they had available to them. Gilbert stated their decision was not budget driven, and that if the City of Long Lake felt that level of service was needed, they would have continued it. McMillan suggested the City of Long Lake be given a full explanation on the level of service that the Orono Police Department provides to Long Lake on a routine basis, which may not necessarily be reflected as statistics on a piece of paper. McMillan stated she is hopeful that the City of Long Lake would be willing to engage in some dialogue on this situation. Gilbert concurred that information is critical in arriving at a decision and that with a good will offer he would like to see some set of criteria established for the discussions. Gilbert requested the City of Long Lake be provided whatever information the City of Orono feels would be helpful to make a decision. Sansevere stated he had the misunderstanding that the City of Long Lake would pick up the second half. Murphy stated in his view there is an obligation on the part of Long Lake to provide adequate police protection to their citizens. Murphy stated the contract should be rewritten, noting that the contract reflects that the City of Orono is receiving only basic service, which is not the situation at all. Murphy stated the good will offer gives both cities time to clarify the contract and the services being provided. Sansevere stated it still comes down to the fact that the City of Orono is giving the City of Long Lake free police protection for six months. Sansevere questioned why the contract was signed in the first place if it is not understandable. Murphy stated the City of Orono would need some time to rewrite the contract and explain the terms of the contract. Gilbert stated the lack of information has not been a factor in their opinion and that he is not aware of any issues that the City of Long Lake should be aware of as it relates to police protection. ______________________________________________________________________________ PAGE 10 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 10 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (15. POLICE SERVICE CONTRACT, Continued) Sansevere suggested Ron Moorse call the City of Long Lake’s administrator to arrange for a meeting as soon as possible and explain why the Orono Police Department feels their level of service should not be reduced. Sansevere questioned why a meeting was not scheduled earlier if this was such an important issue. Murphy noted Sansevere is on the police commission and yet did not bring this issue up previously. Sansevere stated he was unaware of this situation until after Long Lake made their decision. McMillan stated she is not opposed to Staff meeting on this issue but that she would like to see two council members along with the police chief discuss the issues. Gilbert stated Long Lake felt they were making a solid business decision in this situation and that they did not attempt to blindside the City of Orono. Sansevere inquired whether Long Lake would be willing to meet with representatives from Orono. Gilbert indicated they would be. Gilbert stated the City of Long Lake would welcome whatever information the City of Orono would like to provide them on this matter but that they are looking at the fact that two taverns will be closing in Long Lake shortly and that they have not been made aware of any serious issues that need to be addressed. Murphy recommended representatives of the two councils, in addition to members of staff, get together to discuss this matter and that it will take some time to come to some conclusion. Peterson stated in her view the City of Long Lake will have to experience first-hand the level of service that they feel is necessary for their city. Sansevere suggested the police chief and the Mayor of Long Lake perhaps call one other and discuss this situation. McMillan commented having police presence in an area is a proactive move and that the effects of losing one officer may not be readily apparent. McMillan stated the two cities should discuss what issues are out there and what they hope to achieve with the police protection. McMillan reiterated that she would like to see two council members from each city get together in addition to members of Staff and the police chief. Sansevere stated the police officer is the only person who can fully explain the need and benefits of an additional officer. White suggested that two council members be appointed tonight to meet with the City of Long Lake as soon as possible. White inquired where the police officer that used to be assigned to Long Lake would now spend his time. Good stated he or she would have to fill a spot on the patrol roster. Sansevere inquired whether the police department’s overtime hours would be reduced. ______________________________________________________________________________ PAGE 11 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 11 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (15. POLICE SERVICE CONTRACT, Continued) Good stated she is not able to predict whether the number of calls to Long Lake will be decreased and that it is important to service the whole area. Good stated they would end up with a hole in their roster if the force is reduced by one officer, and that they would be required, when people are taking leave of some type, to fill that position with an overtime officer. Good stated there is not an easy answer to the council’s questions. Sansevere stated he is not suggesting that the department reduce an officer’s position. Murphy stated if there is not some type of agreement between the two cities, the hours of protection to Long Lake would need to be reduced to 35 hours. Murphy reiterated that it needs to be fully explained to Long Lake exactly what services will no longer be provided and what services would be provided. Good stated if that position is not funded eventually, it would in all likelihood be eliminated. Murphy stated he was simply trying to propose an alternative to buy some time to allow the two cities to sort through the issues that should be addressed. Gilbert stated the contract has been discussed in previous years and that if Long Lake had not chosen to change their level of service, in all likelihood the contract would have remained as is. Murphy stated in his view this issue should have been addressed a long time ago. Sansevere stated there are repercussions that the City of Long Lake and Orono will feel from this decision and that those should be taken into consideration. Gilbert stated the City of Long Lake tried to take those into consideration prior to their decision. Sansevere encouraged the police chief and the Mayor of Long Lake begin discussions now rather than wait until all interested parties are able to meet. Peterson stated the City of Orono needs to respect Long Lake’s decision, and inquired how the good will gesture would be perceived by Long Lake. Gilbert stated he views it as a good will gesture on the part of Orono and that in his view the contract should be reviewed and perhaps rewritten. Gilbert stated it is possible the Long Lake City Council will find that it was not a good decision but that at the time it was made, based on the information that was before them, they felt it was a good decision. McMillan nominated Council Members Murphy and White to meet with the City of Orono. McMillan moved, White seconded, to draft an agreement to be sent to Long Lake which would start dialogue that would outline a good will gesture for six months of continuation of police protection for the first six months of 2007, beginning with an agreement on setting the criteria for how that decision will be made, subject to the agreement being accepted by the City of Long Lake. VOTE: Ayes 3, Nays 2, Peterson and Sansevere Opposed. ______________________________________________________________________________ PAGE 12 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 12 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ MAYOR/COUNCIL REPORT McMillan thanked Mayor Peterson and the North Tonka Crime Prevention Coalition for the great fundraiser they held for the police department. McMillan noted they began patching Orono Orchard Road, and inquired whether further work would be done. McMillan stated the patchwork is rather spotty. Moorse indicated he is unsure. White noted there was a letter to the editor in the Pioneer regarding the death of John Farmer in the Pioneer Press. White stated Farmer had a tremendous positive impact on the city and that his death is unfortunate. White stated some lakeshore has been denuded in Orono and the property owner has clear-cut all vegetation and has not installed any erosion control measures. White stated the City of Orono has to take additional measures to make the residents aware that that is against City ordinances. Murphy reported the curb has been installed at Hill School. Murphy commented on the overwhelming support expressed by the residents of this community over the death of Chris Fischer’s son and that it is gratifying to know that this community is so supportive of one another. Peterson noted a thank you note was received from the widow of Bill Stubbs. Peterson thanked Police Chief Good for the fine job the police department did at the fundraiser. CITY ATTORNEY’S REPORT Brokl noted a work session has been scheduled for Tuesday, September 26, at 6:00 p.m. to discuss variances. *16. LICENSES RESIDENTIAL KENNEL KICENSE 1. Thom Clapp 475 Ferndale Road North 2. Jarad and Leslie Hahn 809 Brown Road North 3. Stephen Johnston 2335 Shadowood Drive 4. Robin Kilbane 495 Oxford Road ______________________________________________________________________________ PAGE 13 of 14 Item #02 - CC Agenda 10/09/06 Approval of Minutes 09/25/06 [Page 13 of 14] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 25, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (*16. LICENSES, Continued) SPECIAL EVENT 5. Applicant: Long Lake Fire Department Relief Association Event: Steak Fry Location: Long Lake Fire Station, 340 Willow Drive North Date: Saturday, September 30, 2006 Time: 5:00 p.m. – 9:00 p.m. The Long Lake Fire Department Relief Association has requested that the city waive the fee of $50.00 for the Special Event Permit. TEMPORARY ONE DAY ON-SALE LIQUOR LICENSE 1. Orono Lions September 30, 2006 Fundraiser at Long Lake Fire Station, 340 Willow Drive North The Orono Lions have requested that the city waive the fee of $25.00 for the Temporary One Day On-Sale Liquor License. White moved, Murphy seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. White moved, Murphy seconded, to approve the request to waive the special permit fee of $50.00 for the Long Lake Fire Department Relief Association. VOTE: Ayes 5, Nays 0. White moved, Murphy seconded, to approve the request to waive the Temporary One Day On-Sale Liquor License fee of $25.00 for the Orono Lions. VOTE: Ayes 5, Nays 0. *17. BILLS White moved, Murphy seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Peterson moved, Sansevere seconded, to adjourn the Orono City Council at 9:20 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _________________________________________ _____________________________________ Linda S. 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