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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.