HomeMy WebLinkAbout04-27-2000 Council Work SessionMINUTES OF THE CITY COUNCIL W .VK SESSION
HELD AT 7:30 A.M. ON THURSDAY, Ai 27,2000
ROLL
The Orono City Council met in a work session on the above mentioned date with the following members
present: Mayor Gabriel Jabbour, Charles Kelley, Richard Flint, Bob Sansevere, and Barbara Peterson.
The following represented City Staff: City Administrator Ron Moorse, Police Chief Garj Cheswick,
Sergeant Morowczynski.
1. Personnel Matter.
The City Council held a closed session to discuss a personnel matter. At the completion of
the closed session, the Council gave its consent to the City Administrator’s recommendation
of a 14-day suspension of Officer Larry Tomczyk.
2. Reorganization of the Police Department Supervisory Structure,
Chief Cheswick and Sergeant Morowcyznski e,\plained the need to reorganize the Police
Department supervisory structure to provide a set of true first line supervisors versus the
current corporal positions. The corporal positions are shift leader positions rather than first
line supervisory positions. As such, they do not have authority to carry out discipline, and
they do not have any kind of authority to conduct performance evaluations. In addition, they
are a part of the police officer union. This situation causes conflict when a corporal needs
to deal with a performance issue.
The recommended action was to eliminate the three corporal positions, and to create two new
sergeant positions. This recommendation included the interim appointment of two sergeants
for a period of up to 90 days to provide sufficient time to conduct a sergeant promotional
process.
Council Member Kelley questioned why the reorganization was being recommended at this
time rather than waiting for a new police chief to make a decision regarding the Department
organization. Chief Cheswick indicated the current organizational smicture is not working,
and a change needs to be made as soon as possible. If a reorganization is delayed until a new
chief is hired and becomes familiar enough with the Department to determine a new
organizational structure, the current dysfunctional structure could be in place for another 12
to 18 months.
The Council indicated unanimous support for the reorganization recommendation.
3. Fleming Trail Addition Revised Site Plan and Covenants.
As part of the annexation of the fTcming Addition property into Long Lake from Oreno, the
City of Orono placed covenants on the property to guide its future development and use.
MINUTES OF THE CITY COUNCIL WORK SESSION
HELD AT 7:30 A.M. ON THURSDAY, APRIL 27,2000
These covenants allow for the development of 13 lots according to a specific site plan, and
prohibit access from the development to Orono Oaks Drive.
Because a portion of the Fleming Trail Addition property has been designated for acquisition
by Mn/DOT for right-of-way for the Highway 12 upgrade project, the City of Long Lake has
developed a revised site plan for the subdivision that clusters the 13 lots on a smaller area
of the property, which has enabled the preservation of a substantial amount of open space at
the northeast comer of Orono Orchard Road and Orono Oaks Drive. The Council reviewed
the revised site plan and indicated unanimous support with the following conditions:
A.The areas shown as park/open space and the ponding areas and wetland areas must
be permanently dedicated as such.
B. Work with the Orono Oaks Drive Homeowners Association to enable Orono Oaks
Drive to be used as a public right-of-way to provide access to the Fleming Trail
Addition.
ADJOURNMENT
The meeting adjourned at 9:40 a.m.
ATTEST:
Linda S. Vee, City Clerk
City Council Work Session
7:30 a.m., Thursday, April 27,2000
Orono City Council Chambers
2780 Kelley Parkway
AGENDA
1. Police Department issues
A. Police Department personnel matter
B. Police Department effectiveness and credibility
C. Police Department supervisory reorganization
2.
3.
Fleming Addition site plan review
Update regarding agencies and issues with which the Mayor and Council Members are
working
TO;
FROM:
DATE;
Mayor and City Council
Ron Moorse, City Administrator
April 26, 2000
SUBJECT; Police Department Supervisory Reorganization
I have attached a memo from Chief Cheswick recommending a reorganization of the super isory
structure of the Police Department that would eliminate the current three corporal assignments in
favor of promoting two officers into the position of sergeant. I am fully and strongly in support of
the Chiefs recommendation.
Background
In the early 1990's, the Police Department supervisory structure was the Chief and two lieutenants
who served as first line supervisors. When one of the Lieutenants retired, the decision was made
that, rather than fill the lieutenant position, three officers would be assigned to a corporal or shift
leader position. This decision was made for the following reasons:
1.
2.
3.
At that time, there were no officers the Chief would recommend to fill a first line
supervisor position.
To provide an opportunity for officers to grow in leadership roles in preparation for
the time when the Department would move from the corporal positions to sergeant
positions.
Rather than making permanent appointments to first line supervisor positions at that
time, we wanted to leave an opportunity for all officers to demonstrate leadership
during the interim period of the corporal assignments.
The Chief believes the Department now has officers ready to move into sergeant positions. As the
size of the Department has grown, and as both the service and legal requirements placed on the
Department have grown, it has become more important to have true first line supervisors in place.
Financial Impacts
The three corporals currently receive additional pay in the amount of 3% of their normal pay. This
3^0 differential would be eliminated. When this reduction is balanced with the increased pay for the
two sergeant positions, the total additional cost for the change from corporals to sergeants would be
approximately $7,000.
Date:
To:
From:
Subject:
April 21, 2000
Ron Moorse
Gary Cheswick
Department Reorganization
This memorandum is a follow-up to the meeting of April 13* between the City’s labor relations
consultant, yourself, and I, regarding the supervisory structure of the police department.
After a lengthy evaluation period, I am seeking your approval in making the following changes
within the department:
I wish to eliminate the Corporals position effective May 15,2000. I have selected this
date because of scheduling consideration and wish to have the new staffing in place prior
to the departments ’ busiest season. I would also like to have any union issues addressed
as soon as possible so they do not have an adverse effect on the hiring process of the new
Chief.
- Effective May 15*, select two officers to serve as acting Sergeant’s. They would serve
for a period of no longer than 90 days until a promotion testing could be undertaken.
I wish to make these changes based upon my observations, that were previously addressed and
discussed with Cy Smyth and yourself. As you know, the Corporal position was created by the
previous Chief, Steve Sullivan, to be used as lead officers or shift commanders. This position
was to serve as an assignment and not to be considered a promotion. Since I became Chief, I
have encountered several problems with this arrangement. By remaining with the bargaining
unit, the Corporals cannot be given duties that may conflict between management and union
employees. 1 his arrangement has shown itself to be damaging to the efforts of management in
the areas of scheduling, evaluations, and grievances. By altering the existing structure in
making Sergeant’s the first line supervisor, these concerns should be reduced. In addition, we
would have in effect a management team that would assist during the transition period between
my departure and the new Chief being assigned.
TO:Mayor and City Council
FROM:Ron Moorse, City Administrator
DATE:April 26,2000
SUBJECT: Police Department Supervisory Reorganization
1 have attached a memo from Chief Cheswick recommending a reorganization of the supervisory
structure of the Police Department that would eliminate the current three corporal assignments in
favor of promoting two officers into the position of sergeant. 1 am fully and strongly in support of
the Chiefs recommendation.
Background
In the early 1990's, the Police Department supervisor)' structure was the Chief and two lieutenants
who served as first line supervisors. When one of the Lieutenants retired, the decision was made
that, rather than fill the lieutenant position, three officers would be assigned to a corporal or shift
leader position. This decision was made for the following reasons:
1.At that time, there were no officers the Chief would recommend to fill a first line
supervisor position.
2.To prov ide an opportunity for officers to grow in leadership roles in preparation for
the time when the Department would move from the corporal positions to sergeant
positions.
3.Rather than making permanent appointments to first line supervisor positions at that
time, we wanted to leave an opportunity for all officers to demonstrate leadership
during the interim period of the corporal assignments.
The Chief believes the Department now has officers ready to move into sergeant positions. As the
size of the Department has grown, and as b-a'ih the service and legal requirements placed on the
Department have grown, it has become more important to have true first line supervisors in place.
Financial Impacts
The three corporals currently receive additional pay in the amount of 3% of their normal pay. This
3% differential would be eliminated. When this reduction is balanced with the increased pay lor 'Vic
two sergeant positions, the total additional cost for the change from corporals to sergeants would be
approximately $7,000.
1
TO;Mayor and City Council
FROM:Ron Moorse, City Administrator
DATE:April 26,2000
SUBJECT; Police Department Effectiveness and Credibility
The Orono Police Department is doing an effective job of providing police services to Orono and
to the contract cities. This is based on positive feedback by the Cities of Long Lake and Spring Park,
and by a very low number of complaints received from Orono residents. The Department is blc.sscd
with a number of outstanding veteran officers, and we have been extremely fortunate in being able
to hire exceptional new officers in recent years when other departments are struggling to fill vacant
positions. However, there are a small number of veteran officers who want to play by their own rules
and who resent any oversight by any supendsoiy^ position. The strategy they use to try to avoid this
oversight is to discredit the leadership of the Department, and they do not care who this strategy may
hurt. The two key negative impacts of this strategy arc that it discredits the Department in the eyes
of the contract cities, as well as in the eyes of other departments; and it has the potential to
contaminate the attitudes and actions of the new officers.
Several years ago I stood in front of the police officers and told them the world is moving toward
contracting and/or consolidation of services. I told them 1 wanted the Orono Police Department to
set the standard for excellence and professionalism so that if any outsourcing or consolidation was
to occur in the police services area, the Orono Police Department would be the choice to be
expanded rather than eliminated.
Recently the Mayor of Spring Park called Mayor Jabbour to follow-up on information he had
received that indicated there were big problems in the Orono Police Department. We only have to
go back to the early 1990's when a group of Orono officers were involved in an effort to discredit
the Police “Administration" to the contract cities, fhis effort was one element of the friction
between the Cities of Orono and Long Lake that lead both cities to the brink of dropping their
contracts for police and fire service. It was also a key element leading to the City of Spring Park
nearly dropping the police contract in favor of a proposal from the Mound Police Department.
Because there are a number of issues currently being addressed in the I'olice Department that are
being negatively affected by the same small group of officers, it is important the Council be brought
up-to-specd. Staff w ill provide detailed information at the work session to show this pattern of
behavior.
1
TO:Mayor and City Council
FROM;Ron Moorse, City Administrator
DATE:April 26,2000
SUBJECT: Police Department Effectiveness and Credibility
The Orono Police Department is doing an effective job of providing police services to Orono and
to the contract cities. This is based on positive feedback by Ae Cities of Long Lake and Spring Park,
and by a very low number of complaints received from Orono residents. The Department is blessed
with a number of outstanding veteran officers, and we have been extremely fortunate in being able
to hire exceptional new officers in recent years when other departments are struggling to fill vacant
positions. However, there are a small number of veteran officers who want to play by their own rules
and who resent any oversight by any supervisory position. The strategy they use to try to avoid this
oversight is to discredit the leadership of the Department, and they do not care who this strategy may
hurt. The two key negative impacts of this strategy are that it discredits the Department in the eyes
of the contract cities, as well as in the eyes of other departments; and it has the potential to
contaminate the attitudes and actions of the new officers.
Several years ago I stood in front of the police officers and told them the world is moving toward
contracting and/or consolidation of ser\ ices. I told them 1 wanted the Orono Police Department to
set the standard for excellence and professionalism so that if any outsourcing or consolidation was
to occur in the police services area, the Orono Police Department would be the choice to be
expanded rather than eliminated.
Recently the Mayor of Spring Park called Mayor Jabbour to follow-up on information he had
received that indicated there were big problems in the Orono Police Department. We only have to
go back to the early 1990’s when a group of Orono officers were involved in an effort to discredit
the Police “Administration ” to the contract cities. This effort was one element of the friction
between the Cities of Orono and Long Lake that lead both cities to the brink of dropping their
contracts for police and fire seivice. It was also a key element leading to the City of Spring Park
nearly dropping the police contract in favor of a proposal from the Mound Police Department.
Because there are a number of issues currently being addressed in the Police Department that are
being negatively affected by the same small group of officers, it is important the Council be brought
up-to-speed. Staff will provide detailed information at the work session to show this pattern of
behavior.
'i --
TO:
FROM:
DATE:
Mayor Jabbour and Orono City Council Members
Ron Moorse, City Administrator
April 26,2000
SUBJECT; Revised Fleming Trail Addition Site Plan
As part of the annexation of the Fleming Addition property into Long Lake from Orono, the City
of Orono placed covenants on the property to guide its future development and use. These covenants
are attached. The key points of the covenants are as follows:
1.
2.
3.
4.
The covenants allow 13 lots as shown on the attached site plan labeled "original site
plan"
No access shall be permitted to Orono Oaks Drive from the Fleming Trail Addition
The stand of trees on the eastern portion site shall be preserved
Plantings shall be provided in the rear of the lots adjacent to Orono Oaks Drive to
create a visual buffer
The proposed revised development plan includes 13 lots but has three differences from the original
site plan:
1.
2.
3.
The 13 lots arc clustered in a small area
The access is from Orono Oaks Drive
There is a significant area of open space proposed to be preserv ed in the northeast
quadrant of Orono Orchard Road and Orono Oaks Drive
I
1.
DECLARATION OF COVENANTS
municipal corporation ("Long Lake") .
RECITALS
Long Lake is the fee owner of certain property that
is legally described on Exhibit A attached hereto (Che Property ).
tL PMoerty is currently within the city limits of Orono. It is
?he in?enrof £ong Lake, Ld Orono to bind the Property Co certain
zSninr restrictilns and conditions, to .‘he intend^^
devellpment of the Property by Long Lake and
dispute between Long Lake and Orono as to annexation of tne
Property,
NOW, THEREFORE, in consideration of
other good and valuable consideration, the receipt of which is
hereby ^acknowledged. Long Lake and Orono agree as follows.
These covenants are the mutual agreement of the
parties and may be enforced by the City of Orono by
injunction, whether or not monetary damages are
involved.
No permanent, temporary, or informal vehicular or
pedestrian access shall be permitted to Orono Oaks
Drive from the Fleming Trail Addition.
Construction on each lot shall be limited
lot coverage. Lot co’'*”?*of all structures within building lot. Tne
f”lo«ing shall be included in calculation of lot
coverage by structure:
All roof structures that extend more than 6'
above grade level;
Tennis courts, patios, decks,, and all similar
Open structures when partially or fully
enclosed by fences, railings, or walls that
extend more than 6* above grade level;
Pools, including pool basin and
deck or patio areas, regardless of whether
such pool basin, deck, or patio is enclosed
with a fence,
provided.
2.
a.
b.
c.
4.
5.
6.
7.
8.
a. Plantings shall be provided within the 50'
rear setback areas o£ Lots 2, and 3, Block
2, as shown on development plan attached as
Exhibit tr A to these covenants, providing
a natural visual buffer between the Fleming
Trail Addition and Orono Oaks development.
b. The stands of mature trees on the eastern
portion of the site as shown on Exhibit A
shall be preserved.
The following setbacks are approved for each of the
residential lots:
a.
b.
c.
Lot 1, Block 1-30' street setback, remaining
setbacks from creek and wetlands area ■ 26';
Lots 1, 2, 3, 7, 8, 9, 10, aiid 11, Block 2 -
35' street, 50' rear, 10' side setback;
Lots 4, 5, 6, and 12, Block 2-35'
35' rear, 10' side setback.
street.
These covenants include the approved development
plan that is attached as an ^ exhibit to the
covenants and kept in the official files of the
City of Long Lake for reference of future, property
owners. This plan shall be enforceable in its
entirety by the City of Orono. Changes in the
development plan will be allowed only upon majority
vote of the City Council of Orono. Such
development plan includes the special, agreed-upon
setbacks of each lot, the approved drainage and
grading plw, landscape plan and planting
schedules, retention areas for surface run-off,
elevations of first habitable floor, wetland areas
defined as drainage easements, and specific
numerical designation of DMR-protected wetland.
Future developer or homeowners to obtain permits
from the Department of Natural Resources and the
Army Corps of Engineers if future improvements
involve further encroachment into protected
wetlands located within Outlet A. Such
improvements would include the future expansion of
the plat road into the protected wetlands.
If entrance monuments are to be installed at a
futxire date, special care shall be given to ensure
that there are no sighting problems created at
public road intersection because of the location,of
the intersection' to existing, curve within Orono
Orchard Road. Monuments must be set back 10' from
a.
b.
c.
d.
public rights-of-way and are not to ^ceed 3'6" in
height.
9» The following shall not be permitted:
Guest houses as separate structures;
Home occupations conducted in any building on
the premises other than the building which is
used by the occupant as the private dwelling/
and not more than one room may be used for
such purpose.
Permitted home occupations shall not include
the employment of any persons not residing on
the premises in the performance of such
occupation/ nor the use of mech^ical
equipment other than is usual for purely
domestic or hobby purposes, ^ and shall not
include exterior display or signs.
There shall be no exterior storage of
equipment or materials used in permitted h^e
occupations. No commercial automotive r^airs
shall be made in any Residence District. A
homeowner or occupant repairing ^^.s o^
automobile shall do so in an enclosed
structure.
The operation of any business is *
permitted home occupation \inless it meets the
following requirements:
1) Is engaged in only by persons residing in
the dwelling. , ^ ^
2) There is no employed assist^t.
3) The business is conducted within the
principal structure only.
Evidence of the business is not visible
from the street. 4«.*.«j 4«No signs other than those permitted in
single family residential districts are
No excessive stock in trade is stored on
the premises. , .
Over the counter retail sales are not
The use does- not adversely affect the
character of the uses permitted in the
(district in which it is located.
f Anv manufacturing business, dancing or musical
^Lol with organized classes of more th^ one
(1) pupil at a time, commercial stable or
e.
kennel, or any activity producing noxious
matter or perceptible noise beyond the lot
line, are not permitted home occupations.
10.The keeping of domestic animals for commercial
purposes is not permitted. The keeping of
household pets for non-commercial purposes is
allowed.
11. Outlot A shall not be developed at any time.
12.No road providing vehicular access under the
railroad viaduct to the property to the north shall
ever be constructed on the Property.
13.All mobile materials and equipment shall be stored
within a building or fully screened so as not to be
visible from adjoining properties, except boats and
unoccupied trailers less than 20 feet in length,
which are not stored for commercial purposes, if
stored to the rear of the house and not within the
required setback areas.
14. The sanitary sewer forcemain shall be relocated to
the proposed roadway as shown in Exhibit A
IN WITNESS WHEREOF, Long Lake and Orono have
executed this Declaration on the above date.
TEE CITY OF ORONO
By
Its
THE CITY OF LONG LAKE
%
TO:
FROM:
Mayor and City Council
Ron Moorse, City Administrator
DATE; April 19,2000
SUBJECT: Key Agencies and Issues of Importance to the City
The following is a list of agencies of importance to the Council, and the Council Members who have
agreed to serve as liaisons to those agencies, along with other interested persons who are working
with the agencies to further the interests of the City.
DNR Gabe, Barb
LMCD Bob, Lili, Gabe
MCWD Dick
Mn/DOT Gabe, Ed Callahan, Jim Murphy, Diann Goetten
Hennepin Parks Dick
Hennepin County Attorney Dick
Hennepin County Sheri ffAVater Patrol Bob, Gabe
Hennepin County Public Works Barb
Schools Charlie, Bob
Long Lake/Orono Consolidation Gabe, Jim Murphy, Cliff Otten,
Maybeth Christensen, Desyl Peterson
Long Lake Fire Department Barb, Charlie
Met Council Need to develop a game plan
Police Contract Cities Gabe
Legislative Delegation All, with Gabe as lead
Issues
The following is a listing of issues related to the agencies listed above.
1. DNR.
A. Public access on Lake Minnetonka. Keep the DNR focused on a small
number of large projects that do not cause new negative impacts on
residential property, versus a large number of small scattered sites with
negative impacts on residential properties.
Key Agencies and Issues of Importance to the City
April 19, 2000
Page 2 ____________________________
2.
3.
4.
5.
6.
B.Luce Line Trail. Retain the trail’s current rural character and non-paved
surface.
C. Grants for trails, open space, parkland acquisition, and park improvements.
LMCD.
A. Place the focus of the LMCD on protecting Lake Minnetonka.
B. Ensure the LMCD plays a positive role in ensuring adequate law enforcement
staffing on the lake.
B.
MCWD.
A. The MCWD’s approval of the surface water management plan element of the
City’s Comprehensive Plan.
Support of Orono’s low density development philosophy as a key element of
the surface water management plan, and as a key element of protecting Lake
Minnetonka.
Funding for large water quality improvement projects related to Lake
Minnetonka in Orono; i.e., Stubbs Bay.
Ensure Mn/DOT builds the stormwater ponds related to the Highway 12
project with a natural character versus an industrial character.
Ensure the MCWD strikes the proper balance between protecting water
quality and enacting requirements that are expensive and impractical/
C.
D.
E.
Mn/DOT.
A. Highway 12 final design issues.
1) Right-of-way acquisition.
2) Turnback of old Highway 12.
3) Possible project deferral.
B. Planning for the upgrade of Highway 12 west of County Road 6.
C. Conversion of the Dakota Rail corridor to a recreational trail.
Hennepin Pi^ rks.
A. Conversion of the Dakota Rail Line to a recreational trail.
B. Other regional trail opportunities.
C. Maintenance and operation of the Old Crystal Bay Road Trail.
D. Continue operation of regional parks located in and adjacent to Orono; i.e.
Noerenberg Park and Baker Park.
Orono Schools.
A. Acquisition of land for the e.xpansion of the City’s Public Works site.
B. What role school land and facilities play in prov’ding facilities for youth
sports.
C. Potential impacts of school budget cuts on the City
1
Key Agencies and Issues of Importance to the City
April 19, 2000
Page 3 ________________________________
7.Hennepin County Public Works.
A. Long-term plan for the use of the Public Works facility on County Road 15
in Navarre.
B. Turnback of Highway 12 to Hennepin County.
C. Turnback of low traffic County roads to the City.
D. Bob Erickson access issue.
E. Work together to ensure an adequate final design of the 6 and 12 interchange
and other elements of the Highway 12 project.
F. Long-term plans for County Road 6.
8.Hennepin County SheriffTWater Patrol.
A. Restore the authority of the volunteer water patrol deputies and/or find a way
to get more law enforcement staff on the lake.
9.Long Lake/Orono Consolidation.
A. Completion of the work of the Consolidation Study Committee.
10. Long Lake Fire Depaiiment.
A. Planning/design of new fire station.
11 . Metropolitan Council.
A. Approval of the City’s updated Comprehensive Plan.
12. Police Contract Cities.
A. Maintain lines of communication, particularly with the Mayors.
B. Issue of responsiveness to questions and concerns regarding service.
13. Legislative Delegation.
A. Develop/maintain lines of communication and positive relationships to
enable responsiveness to issues affecting the City.