HomeMy WebLinkAbout04-25-1988 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
ATTENDANCE 7:00 P.M.
The Council met on the above date with the following
• members present: Mayor Grabek, Councilmembers Sime,
Peterson, Goetten, and Callahan. The following
represented the City staff: City Administrator
Bernhardson, Public Works Director Gerhardson, Building
& Zoning Administrator Mabusth, Assistant Planning &
Zoning Administrator Gaffron, Police Chief Kilbo, and
City Recorder Peterson. City.Attorney Barrett and City
Engineer Cook were also present.
CONSENT AGENDA*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to approve the Consent Agenda
subject to removal of the following item:
#20- Salary Adjustment - requested by Councilmember
Goetten
Motion, Ayes 5, Nays 0.
RESOLUTION OF RECOGNITION
CHIEF MELVIN KILBO
Mayor Grabek introduced Chief Mel Kilbo, Lt. Gary
Cheswick, Officer Chip English, and Officer James
Morowczynski who were present for this matter.
Officer English read and presented a Resolution on
behalf of the City Council together with the members of
• Chief Kilbo's department for outstanding service to
Chief Kilbo in recognition of his excellent work, not
only in development and execution of the drug program,
but also for his many years as Police Chief.
HIGHWOOD ROAD AREA STORM SEWER
PUBLIC HEARING 7:04 -7:34
The affidavit of publication and certificate of mailing
was noted.
City Administrator Bernhardson explained the that the
purpose of the public hearing was in response to a
petition submitted last fall by residents in the.
Highwood area concerning the stormwater problem,
principally focused on the severe storm last summer and
previous drainage problems in the area. Two
alternatives have been determined to best solve the
problem based on the feasibility study done by the City
Engineer. These alternatives are as follows:
I. Construction of a 21" storm sewer pipe down an
existing alley east of Lot 11 to the lake.
II. Construction of a 21" storm sewer pipe along the
alignment of the existing pipe to the lake.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
HIGHWOOD ROAD STORM SEWER CONTINUED
City Engineer Cook reviewed the alternatives estimated
project costs as follows:
Alternative I - $19,500
Alternative II- $25,000
He noted that Alternative II has problems with high
driveways. He also explained that street modifications
on Highwood Road were also considered, consisting of
placing a variable thickness bituminous surface with a
berm curb to control the runoff. Estimated cost for
this would be $8,250.
City Engineer Cook reviewed the drainage area consists
of approximately 8.6 acres, within which properties are
proposed to be assessed for the project.
Public Comments
Jan Ackerberg, 4075 Highwood Rd., questioned the fact
that some of the drainage was coming from an area on the
other side of County Rd. 19 outside of the 8.6 acre area
studied.
City Engineer Cook indicated that that particular area
drains to a pond location to the north.
Jan Ackerberg asked if the impact on water quality from
. a storm sewer has been addressed?
r City Engineer Cook stated there would be an'inlet
control structure but it would not filter- out oil,
fertilizer, etc. that would be transported to the lake
in the drainage water.
Councilmember Goetten felt that this went against the
City's policy of preserving water quality by limiting
direct water runoff to the lake.
C7
City Engineer Cook noted that the proposal would not
change the existing runoff into the lake, it only speeds
up the process to reduce the ponding period.
Jan Ackerberg stated that this was never a problem prior
to Mr. Sauer's improving his undeveloped yard area that
was always used as a drainage area. Now the problem is
passed on to the other neighbors. He is very opposed to
running more "crud" into the lake.
City Administrator Bernhardson noted that the impact 'on
water quality may be slightly lessened by Alternative II
because of the retention time going through the storm
sewer, however, all the water will eventually go to the
lake.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
HIGHWOOD ROAD STORM SEWER CONTINUED
• Mr. Ackerberg stated he was opposed to any alternative
involving the dumping of 8 acres of drainage into the
lake.
City Engineer Cook stated the other alternatives would
be to leave as is, or possibly purchase or obtain
easements over certain properties to allow ponding
which will help control the rate of discharge, but
again, all the water will eventually go to the lake.
Glen Sauer, 4104 Highwood Rd., explained the problem
with the constant flooding of his yard area.
Jim Touve, 4196 North Shore Dr., did not feel that the
water problem should be blamed on the properties at the
top of the hill, nor is it the neighboring property
owners problem to solve the matter of running pollutants
into the lake.
John Theobald, 4017 North Shore Dr., stated that 30
years ago the private drainage pipe was installed, but
he has no idea how the pipe under Highwood Rd. to the
private pipe came to be.
Jan Ackerman stated that the pollution and water control
agencies have suggested a holding area. He noted that
• he plans to legally fight against any dumping of "crud"
into the lake.
Mayor Grabek asked City Engineer Cook if he had any
costs on the alternative of a retention pond?
City Engineer Cook stated he did not have any costs
involving a retention pond easements. He noted that the
proposed plan is only meant to handle moderate rainfalls
and that Mr. Sauer's property will still retain water. at
times. Regarding the two proposed alternatives, both
will create about the same amount of property
disruption, noting that Alternative II is more costly
because it is a longer route.
Councilmember Sime noted that the route for Alternative
I is along an existing alley to the lake already owned
by the City therefore, no easements would need to be•
acquired for this alternative.
City Engineer Cook concurred but noted that temporary
easements would need to be obtained for the construction
to be done.
Curt Quady, 1223 Brown Rd. S., questioned the costs
• to the City of Orono listed in the proposed cost sheets.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
HIGHWOOD ROAD STORM SEWER CONTINUED
Public Works Director Gerhardson stated those costs were
• for the City owned property in the Highwood area.
There were no more comments from the public on this
matter and the public hearing was closed.
Councilmember Goetten asked if the petition contained
35% of the affected property owners.
Public Works Director Gerhardson responded that the
petition did meet the 35% petition requirement.
Councilmember Peterson noted that 3 of the 7 petitioners
were not listed in the proposed assessment cost sheets.
It was noted that after the feasibility study was done,
it was determined that these three properties did not
directly affect the drainage area..
City Attorney Barrett explained that the 35% petition
requirement only affects the final vote percentage to
order the actual study to be undertaken.
Councilmember Sime did not feel that the actual problem
of ponding had been addressed in this study.
Mayor Grabek felt that the impact on water quality-
. needed to addressed further.
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to table this matter until the May 25th Council
meeting for further information and consideration.
Councilmember Goetten asked if the motion included any
further feasibility studies?
Mayor Grabek responded no, however more costs may be
incurred to determine the water quality information.
Councilmember Sime asked if a ponding area could be
provided on the City property to help alleviate some of
the drainage?
City Engineer Cook was doubtful that this would be
feasible. He noted the area that would be the most
effective ponding area.
Public Works Director Gerhardson also noted that many
trees would need to be removed and major land alteration
would need to be done to provide a ponding area on the
City owned property.
Motion, Ayes 5, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
APPROVAL OF MINUTES*
It was moved by Councilmember Sime, seconded by
Counci lmember Peterson, to approve the Minutes of the
April 11, 1988 Council meeting as submitted. Motion,
Ayes 5, Nays 0.
LAKE MINNETONKA CONSERVATION DISTRICT REPORT
LMCD Representative Jo Ellen Hurr was present for this
matter and reported on the following issues:
Metro Council Review_- The Parks and Open Space
Committee has forwarded the report without a
recommendation. She noted the critical area designation
regarding control of the 75' lakeshore area. The Metro
Council Systems Committee did not come up with a
recommendation that passed, so a meeting has been
scheduled with them on May 5th at 7:00 PM at the FWBI to
discuss further.
Executive Director Selection - 108 applications were
received, reviewed, and reduced to 12 applicants.
These 12 applications will be reviewed at the next board
meeting and hopefully reduced to 6 applicants before
interviews are scheduled. She noted that Mr. Mixa will
continue on as Executive Director until the selection
has been made.
• Lake Minnetonka Park Issue - She stated that there has
been no news on the Big Island park issue. She noted
that the LMCD previously passed a resolution in favor of
a regional park on Lake Minnetonka which does not relate
in any way to an overide of the Big Island Veterans Camp
property.
PUBLIC COMMENTS
•
Minnehaha Creek Watershed_ District - Report_ Hurr
------------------- - - - - -- -- - - - -
reported on the status of Gayles Marina an-
_ d Maxwell Bay
Marina in regard to the lift station. She noted that
there is not an LMCD representative on the Watershed
District but have had alot of support from the DNR.
Lake Minnetonka Water Patrol - Currently there are 3
full time patrol officers and the water patrol are
always eager for reserve officers. New radar equipment—
has been purchased for their use.
Gary Printup, 1261 Briar Street, read the statement per
Attachment A. No discussion followed.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
ZONING ADMINISTRATOR'S REPORT:
9 WEAR ENTERPRISES PARTNERSHIP*
2 50 WATERTOWN ROAD
FINAL SUBDIVISION
RESOLUTION #2412
It was moved by Councilmember Sime, seconded by
Cou-ncilmember Peterson, to adopt Resolution #2412
approving the Plat of Rolling Meadows 2nd Addition.
Motion, Ayes 5, Nays 0.
#1169 WEAR ENTERPRISES PARTNERSHIP
2950 WATERTOWN ROAD
ROAD NAME REQUEST
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to approve the following road
names within the plat of Rolling Meadows 2nd Addition
per staff recommendation:
Wear Lane North (north /south road)
Wear Circle (east /west road)
Motion, Ayes 5, Nays 0.
#1211 GERALD NESLUND /JAMES MCCAFFREY
1225 ORONO OAKS DRIVE
CONDITIONAL USE PERMIT/VARIANCE
RESOLUTION #2413
City Administrator Bernhardson reviewed the request to
amend the previous approval, to allow development of a
driveway through the adjacent lot at the edge of the
wetland to serve a new residence. He explained that
Gerald Neslund, owner of Lot 8 and one of the developers
of Orono Oaks, initially in selling Lot 7 to the
McCaffrey's refused to grant them an easement over Lot 8
for driveway purposes. However, since the McCaffrey's
are experiencing major problems in development of a
driveway through the wetlands, Mr. Neslund has agreed to
such an easement. He noted that although this has the
affect of dividing the existing lot on which the house
is already built, reducing it down to 1.5 contiguous
acres, it has, no impact on the septic system. It was
also noted that at one point the driveway comes within
26' of the wetlands.
Mrs. McCaffrey was present for this matter and stated
they were agreeable to staff's recommendation with
exception to the condition that the sand be removed from
the failed driveway by July 1st, requesting an extension
to October 1st.
Assistant Zoning Administrator Gaffron stated that City
Engineer Cook has reviewed this request and concurs with
the October date, but recommends maintaining a fence at
the entrance.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
#1211 NESLUND /McCAFFREY CONTINUED
• It was moved by Councilmember Callahan, seconded by
Councilmember Peterson, to adopt Resolution #2413
approving the request and amending the date as requested
above. Motion, Ayes 5, Nays 0.
#1233 MICHAEL HALLEY HOMES INC.
2715 PENCE LANE
CONDITIONAL USE PERMIT/VARIANCE
RESOLUTION #2414
Michael Halley and Architect Larry Kohlmeyer were
present for this matter.
City Administrator Bernhardson explained the request for
land alteration within the 0 -75' lakeshore area to
replace retaining walls destroyed in the July 1987
storm. For Council's information, he explained that the
proposal for a new house has been revised (per Planning
Commission's direction) to keep the house from
encroaching the 0 -75' and average lakeshore setback; and
change the proposal for a drainage pipe to an
alternative method requiring no land alteration in the
0 -75' area.
Mr. Halley noted that they do not plan to do anything
other than the proposed restoration work within the 0-
75' setback area.
• Councilmember Callahan was under the impression that the
Planning Commission would review this application again
prior to Council review.
n
U
City Administrator Bernhardson explained that the second
revision of this plan was considered at the Planning
Commission's March meeting and, according to the minutes
of that meeting, Planning Commission's only objection
was the drainage pipe within the 0 -75' area which has
since been eliminated. It was then sent to the April
Planning Commission meeting basically for their
information only, however, because a representative of
Halley Homes was not present at this meeting, Planning
Commission refused to discuss the matter.
It was moved by Councilmember Goetten, seconded by
Councilmember Sime, to adopt Resolution #2414 per staff
recommendation as proposed. Motion, Ayes 5, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
11244 DALE PALM
0 SHADYWOOD ROAD
LANCE
DENIAL RESOLUTION #2415
City Administrator Bernhardson explained the request
of the applicant to keep structural and non - structural
hardcover scheduled for removal as a condition of
approval for variance application #1006 approved by
Council in March 1986. Planning Commission recommended
denial of the request including rejection of staff's
recommendation to allow the bulk -head door to remain and
to possibly allow additional paving not to exceed 30%
within the 75 -250' setback area to provide greater
manueuverability.
Chris and Dale Palm were present for this matter and
explained the problems they encountered with their
contractor and his actions on their behalf during the
first review that were not in their best interest. They
noted that the garage they are requesting to retain is
consistent in location with other properties in the
neighborhood.
Mayor Grabek found no problem with allowing the bulk-
head door to remain, but felt "a deal is a deal" and
that the previously agreed upon conditions should be
enforced.
• It was moved by Mayor Grabek, seconded by Councilmember.
Goetten, adopt Resolution #2415 denying the request to
retain the garage amending it to allow the bulk -head
door to remain.
•
Councilmember Goetten stated that the Council and
Planning Commission originally granted variances for
this property in good faith and felt that this good
faith should be reciprocated by the applicants. She
referred to the City's major concern regarding
hardcover.
Councilmember Sime agreed with Councilmember Goetten.
Motion, Ayes 5, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
#1264 TOM SMIEJA
CYGNET PLACE
CE
RESOLUTION #2416
Tom Smieja was present for this matter.
City Administrator Bernhardson explained the request for
a lot area variance to construct a new house. Planning
Commission recommended approval per staff's findings.
It was moved by Councilmember Goetten, seconded by
Councilmember Sime, to adopt Resolution #2416 approving
the lot area variance as presented. Motion, Ayes 5,Nays
0.
ENGINEER'S REPORT:
WOODHILL ROAD PLANS AND SPECS
RESOLUTION #2417
City Administrator Bernhardson stated that this matter
was tabled at the last Council meeting because the
motion for approval resulted in a 2 -2 tie vote. Because
of this delay, if this is approved, the bid opening date
would be changed to May 20, 1988.
It was moved by Mayor Grabek, seconded by Councilmember
Callahan, to approve the. Plans and Specifications for.
Woodhill Road and authorize the City Engineer to
• advertise for bids with a bid opening on May 20, 1988
and to designate May 23, 1988 as the assessment hearing
and bid award date. Motion, Ayes 3, Nays 2.
Councilmembers Goetten and Peterson voted nay. Motion
carried. Councilmember Goetten stated that she has been
opposed to this project since the beginning because she
felt it has never been proved that the upgrading of the
road was warranted; and if it was in fact needed to be
upgraded, the developer should have incurred all the
costs. She also noted the viable access to Woodhill
Country Club. Councilmember Peterson stated she voiced
her objections at the last vote.
MAYOR'S REPORT:
PLANNING COMMISSIO
•
N INTERVIEWS
The Council conducted` interviews with the following
interested candidates for the vacancy on the Planning
Commission:
Sara Moos, 2160 Webber Hills Road - She has been a
resident of Orono for over 5 y
Deephaven. She is interested in
she is concerned with keeping the
environment of Orono and with th
lake. She feels that she has tl
devote to the Planning Commission.
V1
ears and grew up, in
the position because
rural relaxed healthy
s preservation of the
e time and energy to
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
PLANNING COMMISSION INTERVIEWS CONTINUED
Robert L. Minkema, 3200 Bayside Road - He is a recent
new resident of Orono, however attended the Orono
schools. He enjoys the rural atmosphere of Orono and
wishes to retain this feeling for his children. His
background is working as a CPA and has had experience in
the finance aspect of some local governments.
Stephen M. Johnston, 900 North Shore Drive - He is a new
resident of Orono. He is a registered professional
Engineer in the State of Minnesota and works primarily
with developers which gives him a good technical
background for the Planning Commission. He also enjoys
the atmosphere of Orono. He noted that he worked for
the City of Maple Grove for 5 years.
Lester Kelley, 2135 Colin Drive - He has lived in Orono
all of his life. He has served on the Orono Park
Commission for 12 years. He would like to continue to
see the growth of Orono maintained. He owns a nursery
and landscape service,in Orono.
Curtis Quady, 1223 Brown Road South - He has lived in
Orono for 60 years and has watched it grow in both good
and not so good ways. He is concerned with the granting
of excessive variances and would like to see the
comprehensive planning of Orono maintained. He stated
that time is no problem- for him.
Dale A. Christensen, 2750 Casco Point Road - He was not
present for these interviews.
Councilmember Goetten stressed to the applicants the
time and responsibility involved in serving on the
Planning Commission.
All of the applicants present stated they were aware of
the time and duties involved and felt they could fulfill
this obligation.
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, that the Council table selection of a candidate
until the May 9, 1988 Council meeting. Motion, Ayes 5,
Nays 0..
WAYZATA COMMUNITY EDUCATION*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, that Mr. Walter Gerber be the
appointee for the City of Orono to the Wayzata Community
Education Board. Motion, Ayes 5, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
ADMINISTRATOR'S 88 -89 GOAL SETTING AND COMPENSATION
' Goal Setting -
Councilmember Goetten asked about the status of the
marinas. City Administrator Bernhardson stated that
Assistant Planning & Zoning Administrator Gaffron is
currently working on this.
Councilmember Peterson asked about the status of the
Stubbs Bay sewer issue. City Administrator
Bernhardson stated that City Engineer Cook is
working on the costs for updating the feasibility
study done 'in 1983.
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to accept the Administrator's 88 -89 Goal Setting
guideline and strategy. Motion, Ayes 5, Nays 0.
Compensation -
Mayor Grabek addressed the compensation review of
City Administrator Bernhardson. Based on the
discussions between the Council, City Administrator
Bernhardson, and other staff members, he felt that
the City of Orono has benefitted positively from the
performance of City Administrator Bernhardson since
he started three years ago. To maintain the City's
fiscal and judiciary responsibilities, he
recommended a compensation increase for City
Administrator Bernhardson that is consistent with
the past.
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to approve a 6% compensation increase for City
Administrator Bernhardson for the period of 1 May 1988 -
30 April 1989.
Councilmember Goetten stated that based on
discussions with various staff members and her
experience as a Councilmember for the past year, she
felt the City of Orono was lucky to have City
Administrator Bernhardson and publicly thanked Mr.
Bernhardson.
Motion, Ayes 4, Nays 1. Councilmember Peterson voted
nay referring to her opposition last year in this
matter. Motion carried.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
CITY ADMINISTRATOR'S REPORT:
TY PROPERTY /SALE AND EASEMENT - PHEASANT ROAD
City Administrator Bernhardson reviewed the issue of
granting access to Pheasant Road to three properties
through property owned by the City. This matter was
tabled at the last Council meeting pending information
regarding the possible sale of the property to these
property owners rather than granting easements. He
explained how staff has determined the fair market value
of the property. Staff recommends that the City sell
the property to Mr. Messer of 2673 Pheasant Road and he
may grant legal easements to the other two property
owners if he chooses to do so.
Mayor Grabek felt that the sale of the property to only
Mr. Messer could cause problems for the other two
property owners.
Councilmember Callahan agreed with Mayor Grabek and felt
that all three property owners should be involved in
the sale. He suggested that Mr. Messer grant legal
easements to the other property owners prior to the
final sale to Mr. Messer.
It was moved by Councilmember Callahan, seconded by
Mayor Grabek, that the Council direct staff to undertake
appropriate negotiations for the sale of the property at
a price the City determines appropriate plus purchaser
paying all legal, survey and other expenses, subject to
protecting the rights all three property owners.
Motion, Ayes 5, Nays 0.
COUNTY ROAD 116 - REQUEST FOR RESOLUTION
City Administrator Bernhardson reviewed the request from
the City of Medina to adopt a resolution supporting the
construction of County Road 116. Based on the
substantial opposition voiced by Orono residents at the
public hearing held last year, staff recommends that the
Council, on a preliminary consideration, to transmit a
letter to the City of Medina indicating that it
presently is not interested in supporting the
resolution.
City Administrator Bernhardson introduced the Mayor of
Medina, Tom Anderson.
Mayor Anderso
favor of Count y
to Highway 12
consider their
12
n stated that the City of Medina is in
Road 116 being
and asks the
request.
completed through Medina
Orono City Council to
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
COUNTY ROAD 116 CONTINUED
• Mayor Grabek supported staff's recommendation on behalf
of the Orono citizens and hoped that this action would
not jeopardize any relations with the City of Medina.
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, that staff be directed to indicate to the City
of Medina in writing its desire not to endorse the
proposed resolution regarding County Road 116 and
encourage Medina to work with the County to terminate
County Road 116 at County Road 24. Motion, Ayes 4, Nays
1. Councilmember Goetten voted nay finding that Orono
needs to look at another north /south road from Hwy. 12
to Hwy. 55. She felt that, the comprehensive plan
amendment may affect this issue and felt the Council
should remain open in this matter. Motion carried.
COUNTY ROAD 15 STREET LIGHTING - DESIGN ENGINEER REPORT
City Administrator Bernhardson reviewed the changes in
costs based on the outcome of the feasibility study.
Design Engineer Bob Ehlers of Ehlers and Associates was
present for this matter. He stated that he found the
bids to be reasonable and noted that the original bid
did not include lighting through Minnetonka Beach.
It was moved by Councilmember Callahan, seconded by
• Mayor Grabek, that the City set May 23, 1988 as the
public hearing date for asessing $97,000 in street
lighting costs with the balance to come out of
MSA /General funds. Motion, Ayes 5, Nays 0.
MOBILE PEDDLER ORDINANCE*
ORDINANCE NO. 50, SECOND SERIES
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, that the Council adopt Ordinance
No. 50, Second Series as an amendment to Ordinance No.
5.30 to regulate select classes of solicitors. Motion,
Ayes 5, Nays 0.
RESOLUTION OF RECOGNITION*
RESOLUTION 12411
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to adopt a Resolution of
Recognition of Chief Melvin Kilbo. Motion, Ayes 5,
Nays 0.
PROCLAMATION - MINNESOTA CITIES WEEK*
RESOLUTION 12418
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to adopt Resolution #2418
proclaiming May 1 - 7, 1988 as Minnesota Cities Week.
• Motion, Ayes 5, Nays 0.
13
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
SALARY ADJUSTMENT - CAROL HANSING
f Councilmember Goetten noted an error in the salary
increase amount indicated in the introduction of memo.
It was moved by Councilmember Goetten, seconded_by
Councilmember Peterson, that the Orono City Council
approve the increase for Carol Hansing (part time Police
clerical) from $8.193 to $8.648 per hour effective April
12, 1988. Motion, Ayes 5, Nays 0.
RESIGNATION - JEROME SMITH*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, that the Orono Council
acknowledge the resignation of Jerome Smith and direct
staff to undertake the process to employ a person in
that position subject to subsequent Council approval.
Motion, Ayes 5, Nays 0.
BOARD OF REVIEW - APRIL 27, 1988*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, that the Council accept the
information presented for the Board of Review on April
27, 1988 at 7:00 PM. Motion, Ayes 5, Nays 0.
REMOVAL OF WEIGHT RESTRICTIONS*
It was moved by Councilmember Sime, seconded by
' Councilmember Peterson, to removed the axle weight
restrictions on City streets effective April 26, 1988.
Motion, Ayes 5, Nays 0.
WILLOW DRIVE /HIGHWAY 12 SIGNALIZATION*
RESOLUTION #2419
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, that the Council adopt
Resolution #2419 encouraging the Department of
Transportation to install a temporary signal at the
intersection of Willow Drive and Highway 12 and to
forego the installation of a flashing signal for a cost
of $5,000.00. Motion, Ayes 5, Nays 0.
ADMINISTRATOR'S INFORMATION*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to accept City Administrator
Bernhardson's ' information regarding: City /School
District Intervention Agreements, Teri Naab, and
Waterfowl Control Amendments. Motion, Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT:
City Attorney Barrett had no report.
14
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988
LICENSES*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to approve the following
licenses:
Solicitors License - The Rose Man, Al Penke
Septic System Installers - Elmer J. Peterson Co.
Garbage and Refuse Collectors - R & W Sanitation
Redepenning Services
Motion, Ayes 5, Nays 0.
BILLS*
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to approve payment of the All
Funds Accounts. Motion, Ayes 5, Nays 0.
ADJOURNMENT 9:20 P.M.
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to adjourn the regular Council
n meeting at 9:20 P.M. Motion, Ayes 5, Nays 0.
ATTESM :
y M. allin,
•
ty Clerk 'jam -1- R. Grabek, Mayor
15
Pall is Com,m.e05-
ATTACHMENT A - Page 1 of 3 _
L OG1!'ICI % 1 �'e Council Minutes dated 4/25/88
• Mai. MAYOR, LADIES AND GENTLEMEN:
I AM HERE TONIGHT, AND I MUST SAY SADLY SO, TO REMIND YOU, THE
ELECTED OFFICIALS, MEMBERS OF THE CITY STAFF, AND TINE CITY ATTORNEY,
FOR INADVERTENTLY DENYING THE PUBLIC ITS ABILITY TO KNOW INFORMATION
WHICH HAS BEEN SEQUESTERED IN THESE CHAMBERS, UNDER YOUR BROAD INTERPRI-
TATION OF THE USE OF EXECUTIVE SESSION.
I REFER TONIGHT, SPECIFICALLY, TO THE PENDING ISSUE OF THE
DISCUSSION TO ANNEX THE CITY OF LONG LAKE INTO THE CITY OF ORONO.
I WOULD NOT BE HERE TONIGHT IF THIS ISSUE HAD ARISEN IN THE
NORMAL ARENA OF PUBLIC DEBATE; BUT TO HAVE EXPIJNDED PUBLIC FUNDS,
INADVERTENTLY AS IT MIGHT HAVE BEEN, VIOLATES-THE MINNESOTA OPEN
MEETING LAWS PROVISION OF EXCEPTION. THE DISCUSSION OF THE ISSUE
OF ANNEXATION ALONE, RAISES cJESTION OF WHY IT MUST BE KEPT SECRET
• FROM THE PUBLIC. PERHAPS IT TAKES A PRIVATE CITIZEN SUCH AS MHSELF
TO REMIND YOU OF MINNESOTA STATUTE 4.71.7059 ALSO KNOWN AS THh
"MINNESOTA OPEN MEETING LAW."
SUBDIVISION 1. OF THIS STATUTE STATES THAT:
"Except as otherwise expressly provided by statute,
all meetings, including executive sessions, 6f any state agency,
board, commission oP department when required or permitted by
law to transact public business in a meeting, and the governing
body of any school district however organized, unorganized
territory, county, city, town, or other public body, and of
any committeep sub committee, board, department or commission
thereof, shall be open to the public, except meetings of the
board of pardons and the commissioner of corrections. The
votes of the members of such state agency, board, commission
or department or of such governing body, committee, sub
committee, board, department or commission or any action taken
in a meeting herein required to be open to the public shall be
recorded in a journal kept for that purpose, vh ich journal
shall be open to the public during all normal business hours
where such records are kept. The vote of each member shall be
recorded on each appropriation of money, except for payments
• of judgements,.claims and amounts fixed by statute. This sec-
tion shall not apply to any state agency, board, or commission
when exercising quasi judicial functions involving d iciplinary
proceedings."
*MORE
• SUBDIVISION 2.
® M
ATTACHMENT A - Page 2 of 3
Council Minutes dated 4/25/88—
"Any person who violates subdivision 1 shall be sub-
ject to liability occurrence.alt;•in
Upon a third violation by the same person connected with the
smae governing body, such person shall forfeit an5t further right
to serve on such governing body or in any other capacity with
such public body far a period of time it equal to the term of office
such person was then serving. .9.000
THE SUPREME COURT OF MINNESOTA, ON SEPTEMBER 17, 1976, DETER-
MINED THAT THE MINNESOTA OPEN MEETING LAW IS NOT INCONSISTENT WITH
THE ATTORNEY - CLIENT PRIVILEGE AND THE TWO CONCEPTS ARE CAPABLE OF
COMPATIBLE AND CONCURRENT OPERATION, ASSUMING THAT THE PUBLIC
OFFICIERS AND ATTORNEYS DO NOT ABUSE THEIR TRUST BY EXTENDING THE
PRIVILEGE AS A MERE CONDUIT TO SUPPRESS PUBLIC OBSERVATION OF THE
DECISION MAKING PROCESS.
i THE' ATTORNEY- CLIENT EXCEPTION TO MINNESOTA OPEN MEETING LAW
VILL ALMOST NEVER EXTRND TO MERE REQUEST FOR GENERAL LEGAL ADVICE OR
OPINION BY PUBLIC BODY IN ITS CAPACITY AS PUBLID AGENCY.
IN FACT, JUSTICE SCOTT STATED THAT "Public board members,
sworn to uphold the -law, may not arbitrarily or unnecessarily,
inflate confidentiality for the purpose of deflating the spread
of the public meeting law. Neither the attorney's presence
nor the happenstance of some kind of Lawsuit may serve . as. the
pretext for secret consultations whose revelation will-not
injure the public interest. To attempt a generalization
embracin& the occasions for genuine confidentiality wouaLd
be rash. 000.0
IN LIGHT OF THE PARAMETERS SET FORTH IN THE MINNESOTA OPEN
MEET17OG LAW,;I INSIST AID DEMAND THAT YOU IMMEDIATELY DISCLOSE ALL
INFORMATION TO THE PUBLIC REGARDING YOUR DISCUSSIONS, VOTES, AND
AUTHORIZATION OF EXPENDITURES OF PUBLIC FUNDS FOR THE INVESTIGATION
• OF ANNEXING THE COMMUNITY OF LONG LAKE INTO THE CITY OF ORONO, AND
HERETO FORWARD, PROVIDE THE PUBLIC WITH STATUTORY ADVANCE NOTICE OF
*14ORE*
40
� gmi 1p
ATTACHMENT A - Page 3 of 3
Council Minutes dated 4/25/887
SPECIFIC AGENDA ITEMS THAT ARE TO BE DISCUSSED IN EXECUTIVE SESSION
ALONG WITH THE SPECIFIC MINNESOTA STATUTE THAT YOU ARE USING TO
"clearly preserve the integrity and applicability of the attorney
client privilege.10
IF SUCH SPECIFIC STATUTES CANNOT BE FOUND, THAN ALL SUCH ITEMS
14UST BE PLACED INTO DISCUSSION IN OPEN PUBLIC FORUM.
MR. MAYOR, LADIES AND GENTLEMEN, THANK YOU FOR YOUR ATTENTION
AND YOUR TIME THIS EVENING.
U
Gary M. Printup
Orono