HomeMy WebLinkAbout02-27-1989 Council MinutesY
• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD FEBRUARY 27, 1989
ATTENDANCE 7:00 P.M.
The Council met on the above date with the following members
present: Mayor Grabek, Councilmembers Nettles, Goetten, Peterson
and Callahan. The following represented the City staff: City
Administrator Bernhardson, Building & Zoning Administrator
Mabusth, Public Works Director Gerhardson, City Attorney Barrett,
Police Chief Kilbo and City Recorder Scheffler.
CONSENT AGENDA*
Councilmember Goetten requested the removal of items 17, 20,
21, 22 and 27. Councilmember Peterson requested that items 18
and 23 be removed.
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve the Consent Agenda with the
exception of items 17, 18, 20, 21, 22, 23 and 27, which were
removed and discussed in the order in which they appear on the
agenda. Motion, Ayes =5, Nays =O, Motion passed.
APPPROVAL OF MINUTES*
It was moved by Councilmember Nettles, seconded by
• Councilmember Peterson, to approve the Minutes of the February
13, 1989 Regular Council Meeting. Motion, Ayes =5, Nays =O, Motion
passed.
APPROVAL OF MINUTES*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve the Minutes of the Special
Meeting of February 6, 1989. Motion, Ayes =5, Nays =O, Motion
passed.
LAKE MINNETONKA CONSERVATION DISTRICT REPORT
Ms. Jo Ellen Hurr reported that she was working very hard to
raise money for the Eurasian Milfoil project. They have raised
$105,000.00 from private individuals. All of the Lake Cities
have pledged, however only two have paid. It is important to
have a successful fundraising program this year in order to
receive matching funds from the Corp of Engineers /DNR next year.
The LMCD has sent out a request for bids to do the necessary
work. The problems involved with the low lake level is another
area upon which they are focusing. The LMCD is asking multiple
dock owners to submit applications for dock extensions.
The Comprehensive Plan is moving along. The last shoreland
management meeting has been held. There was also a public safety
meeting in which Lt. Gary Cheswick attended as a representative
of Orono. Ms. Hurr commended Lt. Cheswick for a job well done.
• It is anticipated that the entire process, including ratification
of the Comprehensive Plan, will be completed in May, 1990.
Councilmember Goetten inquired as to whether the DNR and
Hennepin Parks were financially involved with the milfoil effort.
1
•
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
LMCD REPORT CONTINUED
Ms. Hurr replied that the LMCD had received "expertise" from the
DNR, but no commitment of financial contribution. Hennepin Parks
has given thought to purchasing a weed cutter to use on area
lakes. There will be an upcoming meeting to discuss this
possibility.
Councilmember Nettles asked about restrictions for pumping
water from Lake Minnetonka. Ms. Hurr explained that pumping from
the lake does not have a major impact on the lake level.
However, she stated that there may be a policy encouraging
persons not to pump from the lake.
Ms. Hurr asked for support from the Council and Mayor Grabek
regarding her reappointment to the Metropolitan Waste Control
Commission.
Mr. David Singer asked Ms. Hurr for any information she may
have concerning the issue of parking along County Road 51. Ms.
Hurr stated that the Comprehensive Plan would address the issue
of parking.
PUBLIC COMMENTS
. Mr. George Norling, presented written information to the
Mayor regarding a parking lot in Lord Fletcher's area. He also
gave information to Councilmember Goetten from a Mr. Dave
Peterson regarding traffic enforcement by the Orono Police
Department.
•
There were no further public comments.
ZONING ADMINISTRATOR'S REPORT:
#1359 DAVID LINDSTROM
1315 WOODHILL AVENUE
VARIANCE
RESOLUTION #2582
Mr. Lindstrom was present for this matter.
City Administrator Bernhardson informed the Council that Mr.
Lindstrom was seeking a front yard setback variance of 18'9 ".
There were no questions or comments from the applicant, nor
the City Council regarding this application.
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to adopt Resolution #2582, approving the
front yard setback variance for David Lindstrom. Motion, Ayes =S,
Nays =O, Motion passed.
I
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
#1369 CHARLES KICKHAFER •
1040 TOWNLINE ROAD
VARIANCE
RESOLUTION #2583
Mr. Kickhafer was present for this matter.
City Administrator Bernhardson briefly explained that this
application involved a front yard setback variance for the
purposes of constructing an attached garage. The required
setback is 100', the applicant is proposing 701.
There were no questions on behalf of the applicant, or the
Council.
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to adopt Resolution #2583, approving the 30' front yard
setback variance for Charles Kickhafer. Motion, Ayes =5, Nays =O,
Motion passed.
PLANNED DEVELOPMENT ORDINANCE
City Administrator Bernhardson reported that he had
discussed this matter individually with each Councilmember and
Mayor Grabek, with the exception of Councilmember Goetten. There
were other issues that he was bringing forth that had not
previously been addressed. The Planned Development Ordinance
would basically not allow property to be rezoned until a specific •
development request is submitted for a specific property. The
issue of future councils was addressed, as was changes to
approved planned developments and undeveloped planned
developments. The burden of proof would fall to some degree upon
the council to show that any specified requirements of the
subdivision are related directly to the development. With a
Planned Development zoning, the burden of proof would fall on the
proponent to prove that the overall development is an
improvement.
Bernhardson explained that he had received a letter from a
realtor expressing concern about property development and
movement in the Highway 12 area. One of the main concerns is
where the planned development would be applied. It was
Bernhardson's belief that it should start off being limited to
the Highway 12 area because that is the area for which the
planned development was designed.
Mayor Grabek commented that he found a bit more insight into
the approach and now felt more comfortable about the concept of
planned development. He concurred with Bernhardson that a
planned development ordinance should be initiated in the Highway
12 area.
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to table this item until the March 13, 1989 Council •
Meeting. Motion, Ayes =5, Nays =O, Motion passed.
3
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
• MAYOR'S REPORT:
LONG LAKE SEWER PLANT PROPERTY
Mayor Grabek stated that he had reviewed the proposed letter
to be sent in response to the letter received from Mr. Vande
Vegte. The Mayor had no objections in sending the letter as
drafted, and expressed his disappointment that the attempts to
resolve this matter amicably had not succeeded. He believed that
Orono had more financial stability than Long Lake and would be
able to weather any annexation proceedings, should they begin.
He said that it was a shame that the taxpayers dollars would need
to be spent in such a manner, especially since the Council had
expended such an effort to resolve the matter another way.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to send the proposed letter and wait for a response.
Councilmember Nettles commented that he had talked with residents
of Orono Orchard Road and their major concern was the density.
They felt that an increase in density would greatly alter the
characteristic of the street and were opposed to such a proposal.
Councilmember Goetten wanted verification that the City Attorney
had reviewed the proposed letter and had no objections. City
Attorney Barrett indicated that he had no objections. Motion,
Ayes =5, Nays =O, Motion passed.
• CITY ADMINISTRATOR EVALUATION
This was an information item. Mayor Grabek indicated that
the process of evaluating the City Administrator and determining
future goals should be initiated.
PLANNING COMMISSION APPOINTMENTS
Mayor Grabek questioned whether the persons in question
wished to be reappointed. City Administrator Bernhardson
responded by saying that the three persons were interested.
There has not been any solicitation of any additional persons.
Councilmember Peterson asked whether the concern involving
the length of service had been resolved. Bernhardson replied
that it had been resolved.
Mayor Grabek inquired as to the process for notifying the
public of the fact that Planning Commission appointments were
going to occur. Bernhardson replied that a notice is placed in
the paper requesting resumes from interested persons. Interviews
would then be scheduled for the March 27, 1989 Council Meeting.
Bernhardson pointed out that the appointment process only
continued until the end of March.
Mayor Grabek suggested that staff make public notice of the
appointments for the benefit of any interested persons, and to
• send a letter to those interested persons already on file. Mayor
Grabek asked that this matter be placed on the agenda for the
March 13, 1989 Council Meeting.
4
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
JOINT MEETING TOPICS COUNCIL /PLANNING COMMISSION •
Mayor Grabek reported that there had been a joint meeting of
the Planning Commission and City Council and felt that it was
beneficial. Mayor Grabek suggested sending the information from
the meeting to the Planning Commission, and invite them to
contact any of the Councilmembers, the City Administrator or
himself to discuss it.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to send the meeting information and responses to the
Planning Commission, asking for their comments and suggestions.
Councilmember Goetten questioned whether another joint meeting
would be scheduled prior to July. Mayor Grabek agreed that would
be beneficial. Motion, Ayes =5, Nays =O, Motion passed.
ACTING MAYOR- LENGTH OF APPOINTMENT
Mayor Grabek explained his misunderstanding of the length of
term allowable by law for the acting mayor.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to appoint Councilmember, Edward Callahan, as Acting
Mayor for a one year term. Councilmember Goetten questioned the
wording of the recommendation and observed that the one year term
for Acting Mayor was not a matter of opinion, but rather a law.
She also expressed her frustration over the fact that this issue
required several meetings to be properly resolved. Motion, •
Ayes =3, Councilmember Peterson, Nay, Councilmember Goetten
abstained. Motion passed. Councilmember Goetten explained her
reason for abstaining to be the lengthy process and number of
meetings needed to determine this. She also did not believe that
the special meeting called was proper in that the press was not
notified.
CITY ADMINISTRATOR'S REPORT:
COUNTY ROAD 51 PARKING
City Administrator Bernhardson gave a brief synopsis of the
current status and options of action that were being proposed.
One option was to eliminate all parking along County Road 51;
option two was to widen the shoulder to 10' and provide curbing
and a double fog line; removal of 6 parking spots along the
critical area to allow pedestrians to walk between cars would be
the third option. A fourth option was recently proposed which
would involve removal of four parking slots around the curve to
improve sight distances. This fourth option arose from David
Singer's contact with the County, wherein it was determined that
sight distance was minimal at best. Additionally, once the sewer
project construction is completed, the State would be asked to do
a speed survey in the area.
Trespassing on private docks is another issue that was
raised. The City is recommending that a City access dock be •
installed where the fire lane currently exists.
The City received a letter from a Mr. Robinson, 3440 North
5
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
• COUNTY ROAD 51 PARKING CONTINUED
Shore Drive, in which he suggested the elimination of boat
trailer parking, as opposed to widening the road.
Mr. Kenton Carlson, 3498 North Shore Drive, felt that there
should be no parking allowed, even though it may be an
inconvenience. He explained that the way in which the boat
trailers were parked contributed a great deal to the safety
problem. He did not believe that the installation of the public
dock would alleviate the trespassing problem, but would enhance
it. He said that North Shore Drive was a two lane highway and
the shoulders were required for emergency purposes.
Mr. James Erler, 3448 North Shore Drive, explained that he
has two grandchildren and is extremely concerned about their
safety. He too believed that eliminating the parking entirely
would be a better resolve than the other options presented.
Mr. Lou Fegers, 3590 North Shore Drive, expressed his
opposition to eliminating parking along County Road 51. He said
that visitors to his home would not have a place to park. He
suggested lowering the speed limit.
Mr. David Singer, 3520 North Shore Drive, explained that the
parking issue did not affect him due to space available for
• parking behind his house. He said he would be willing to allow
persons to park on his lawn if necessary. He strongly believed
that safety should come before guest parking.
He expressed concern over consequences that may arise should
the Council not take a stand at this time. He did not want to
see a parking task force, comprised of non -Orono persons, making
decisions that directly affect Orono persons. He asked the City
to contact the County to inform the DNR and the LMCD that no
further parking can occur on County Road 51 due to the safety
hazard it creates. Back in 1985 when the on- street parking was
being proposed, it was determined that enough room should be
provided to permit car doors to be opened without extending into
the traffic lane. He said that not only was there a safety
hazard for pedestrians, but also for cars trying to enter into
traffic from a parking spot. Eliminating boat trailer parking
had been previously discussed but due to constitutional issues,
could not legally be done.
Ms. Mary Erler, 3448 North Shore Drive, observed that on-
street parking on County Road 51 occurred when there were still
available parking spaces in the boat access lot.
Mr. Tom Anderson, 3550 North Shore Drive, stated that there
were more trucks and vans, rather than cars that parked along
• County Road 51. This added to the sight distance problem. He
agreed that parking should be eliminated and alternatives found.
Councilmember Goetten asked about the feasibility of
straightening the road to some degree. Bernhardson did not
6
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
COUNTY ROAD 51 PARKING CONTINUED •
believe straightening would be possible, but widening could occur
in conjunction with the sewer project. Mr. Singer interjected
that the County had considered such a task, but determined that
there was not enough room within the right -of -ways to do so.
Mayor Grabek questioned the ramifications of designating
that area "no parking ". Bernhardson explained that Lake
Minnetonka is divided into 5 zones. Each zone must have 1 public
access parking spot for every 20 acres of lakeshore. The amount
of lakeshore acreage was determined for each zone and parking
requirements were assigned accordingly. The concern of
eliminating on- street parking would be the possible push to
create off - street parking. In order to accomplish this, private
land may be requested.
Chief Kilbo was present and expressed his opinion of the
parking situation to be very risky and serious. He said it was
fortunate that there had not been more serious accidents, even
though there had been many near misses. From a public safety
standpoint, he would like to see parking banned in that area.
Councilmember Goetten asked how many parking spots there
were along County Road 51. Mr. Singer responded that there were
28, 50' spaces.
Mr. Erler asked what criteria was used for determining •
parking that would put parking spots ahead of safety issues.
Mayor Grabek reiterated Bernhardson's explanation of condemnation
of private property. He added however, that nothing takes
precedence over the safety, health and welfare of the Citizens of
Orono. He said that caution had to be exercised when attempting
to resolve this safety issue. The City could ask that there be
no parking on County Road 51, but not if it meant property owners
in that area losing their homes due to condemnation.
It was moved by Mayor Grabek, seconded by Councilmember
Grabek, to get a formal position from Staff and the City Attorney
as to the ramifications of designating County Road 51 a no
parking zone. Motion, Ayes =S, Nays =O, Motion passed.
COUNTY ROAD 116
City Administrator Bernhardson explained that the Council
had previously adopted a position of opposition to County Road
116 being constructed. The issue of how to proceed should the
County continue with their efforts was tabled and was the topic
for discussion at this time.
Councilmember Nettles questioned whether the County had a
definite proposal. Bernhardson said the County intended to go
ahead even though there were details yet to be determined.
Bernhardson recognized County Commissioner, Tad Jude, who was •
present for this matter.
Mayor Grabek indicated that the City should remain open to
6
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
is COUNTY ROAD 116 CONTINUED
the fact that funding may be available for a road that is
already slated for improvement. However, he would prefer to know
the plans for County Road 116 before making any decisions.
Mr. Gregory Coward, 1950 Heritage Drive, disagreed with
Mayor Grabek's position regarding the use of County funding to
upgrade Willow. It was his belief that if the City is opposed to
County Road 116, that they should stand firm and not allow it at
all. He also questioned why County Road 116, located so far out
in the suburbs, managed to become a top priority over any other
metropolitan county roads.
Mayor Grabek surmised that the pressure for making County
Road 116 a priority came from Medina. In response to using
County funding, the Mayor agreed that such a stand would be
inconsistent. However, it was a reality that Willow Road will be
upgraded, with or without County funding. Mr. Coward believed
that upgrading Willow Road would only encourage more traffic. He
did not want to see the City turn this community over to the
highway departments. Mayor Grabek said that Orono was not being
handed over to the highway department. It was necessary to
upgrade the roads within the City and to do so as feasibly as
possible. He said that it was important to plan ahead and cited
the fact that due to poor planning, Orono may be required to foot
• the bill for a larger sewer system. He did not want to make that
same financial mistake with Orono's roads. He clarified for Mr.
Coward that he was indeed opposed to County Road 116. Mr. Coward
reiterated his opinion that widening and upgrading Willow would
increase traffic.
Councilmember Goetten stated that it was not her intention
to turn Orono into another Edina. However, there were some
realistic concerns that needed to be addressed, such as safety.
She said that Willow Road has always been designated as a minor
collector, which means it will probably be used more, and would
eventually be a north /south connecting road to Highway 12. She
said that Orono had to face the fact that it is a growing
community and the Council has to face the concerns that growth
wi 11 bring.
Mr. Coward stated that until a determination for the Highway
12 Corridor is made, Orono could not make an accurate decision of
what it would want or need to do with Willow. Councilmember
Goetten stated that she agreed wholeheartedly. She said that
there was a Highway 12 Task Force that was looking at those very
issues. She also suggested that Mr. Coward ask County
Commissioner Jude for any information that he may have.
County Commissioner Jude stated after receiving a letter
• from the City expressing their opposition to County Road 116 he
checked with the County Department of Public Works on the status
of this project. He was told that County Road 116 would be built
in 1990 and that it would not extend to County Road 15 because
Orono was against that. The road will be constructed using both
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
COUNTY ROAD 116 CONTINUED •
rural and urban standards. It is unknown whether there will be a
four -way stop at Willow and County Road 6. At the intersection
of Willow and Highway 12, a stoplight is possible if traffic
counts warrant that. County Commissioner Jude questioned what
was the driving force behind this project. He was informed that
Medina was pushing for the road for a north /south corridor for
emergency vehicles. It was County Commissioner Jude's opinion
that the Road was going through Medina because Medina wanted it;
the Road was stopping at Highway 12 because Orono did not want
County Road 116 to go beyond that point. He commented that if
Orono really pushed, the Road probably would stop at the border.
Counci lmember Callahan did not believe that an emergency
vehicle access was the main reason for the Road. It was his
opinion that the Road was being constructed solely for the
purpose of enhancing access to Lake Minnetonka and County Road
15. He indicated that if an emergency vehicle access was their
main purpose, Tamarack Drive would lend itself much better to
that cause. Callahan concurred with Mr. Coward in that it may be
a bit premature to construct County Road 116 due to the uncertain
future location of Highway 12 and other such issues. It was his
belief that the County was going about this backwards.
Councilmember Nettles recollected a previous meeting wherein
three representatives from the County were present. As he •
recalled, the emergency vehicle access purpose of the Road was
discussed little, but the "grid layout" of the County road system
was mentioned several times. The need for a major north /south
road was needed for purposes of form. There was no other
justification for constructing the Road other than some of the
Medina citizens were requesting it, and there was a desire to
have another access to Lake Minnetonka.
County Commissioner Jude stated that he would be meeting
with a group of concerned Medina citizens. It was his belief
that the County would act according to the desires of the Cities
of Medina and Orono. He said that he would be happy to represent
the position of Orono on both the County Road 51 and County Road
116 issues.
Mayor Grabek expressed his belief that there was political
pressure motivating the County for construction of County Road
116. County Commissioner Jude reiterated his belief that the
majority of Medina was in favor of the Road. Mayor Grabek said
that the opinions he had heard from Medina citizens were in
opposition to the Road. However, the Medina City Officials were
in favor of it. County Commissioner Jude said that he had not
been aware of any opposition until just recently.
Mayor Grabek asked County Commissioner Jude to keep himself,
the Council and City Administrator Bernhardson apprised of any •
information he may obtain from upcoming meetings or otherwise.
County Commissioner Jude agreed to do so.
9
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
COUNTY ROAD 116 CONTINUED
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to table any further discussion on County Road 116 at
this time. Motion, Ayes =5, Nays =O, Motion passed.
3399 CRYSTAL BAY ROAD - VALUATION
Mr. Jerry Wheeler was present to express his concerns for
property values for himself and his neighbors. He referenced a
letter received from the City Assessor in response to a letter
he had sent questioning the lowering of property values due to
the low lake level. Mr. Wheeler and his neighbors wanted to
know, prior to appraisals being done, whether the City intended
to lower property values because of the inaccessibility to the
lake. Mr. Wilde, one of the City's Assessors, responded to Mr.
Wheeler, saying that the Assessor's Office did not have the time
or interest to examine the bay. Mr. Wilde told Mr. Wheeler that
state law prohibited him from using personal judgment in
determining values, and that he must solely rely upon comparable
values for comparable Orono real estate. Mr. Wheeler felt that
there was no other bay other than Black Lake that had "hip- high"
mud with 2' of water for 300 yards. Mr. Wheeler and his
neighbors were asking the City Council either contact the City
Assessor and ask them to look at the properties in question, or
explain why they were not entitled to ask to have their
properties examined.
iMayor Grabek explained that the City has been sensitive to
problems that are environmentally caused. However, he said that
the City could open up a pandora's box, if a valuation revision
was made for every individual problem that may occur.
Mr. Wheeler stated that he found Mr. Wilde's explanation to
be unacceptable. Mayor Grabek suggested that there should be
another attempt of communication between the Assessor and Mr.
Wheeler. Mr. Wheeler pointed out that the reason behind hiring
an individual assessor, opposed to using Hennepin County, was to
have someone that would be more responsive to the needs of the
Orono area. Mr. Wheeler was requesting that someone talk to the
Assessor and ask them whether or not they are willing to examine
the block in which Mr. Wheeler resides.
Councilmember Goetten questioned when Crystal Bay Road would
be scheduled for a routine review. City Administrator
Bernhardson did not recall. He added that he had contacted City
Assessor, Rolf Erickson, and that it was Mr. Erickson's intention
to send a letter of explanation to Mr. Wheeler. Goetten informed
Mr. Wheeler that there was a Board of Review that was scheduled
specifically to hear the concerns of property owners regarding
valuation.
Mr. Wheeler responded that he did not want this issue
• addressed individually, but rather as a group. He felt that the
entire neighborhood was impacted, not just his property.
Mayor Grabek reiterated his belief that another attempt
10
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
3399 CRYSTAL BAY ROAD CONTINUED 0
should be made to have Rolf Erickson contact not only Mr.
Wheeler, but the other affected residents as well. Mr. Wheeler
indicated that would not be necessary. He would prefer to have
Mr. Wilde's comments pertaining to the way in which appraisals
were done addressed. Mayor Grabek replied that the City would
look into this issue further and see to it that Mr. Wheeler
receive a proper response.
3572 LIVINGSTON- DRAINAGE
Karen Cuff was present for this matter.
City Administrator Bernhardson explained that the Cuffs were
requesting assistance in correcting a drainage problem that
exists on their property. The Cuffs wish to construct a garage
on their vacant lot, but would be severely restricted in doing so
because of the drainage location. The Cuffs are requesting
authorization for the City Engineer to determine the cost of a
feasibility study and to obtain clarification from the City
Attorney regarding the issue of requiring a petition of 35% of
affected property owners.
Ms. Cuff had taken pictures showing the property upon which
she intended to build a garage. She explained that at one time
the City of Orono had dug a trench 18' into the Cuff property to
drain the low spot in the street. Public Works Director •
Gerhardson had discussed alternate drainage to alleviate the
current problem. Rather than using the existing storm drain
system in the new development, there is some drainage now
occuring behind Cuff's property on Crystal Place, through a 5'
easement on the east side of their property and through the
property behind them. Everything north of Cuffs has a downhill
grade and would allow for a more economical method of draining
the water away from their house.
Mayor Grabek questioned the City's responsibility in this
type of a situation. City Administrator Bernhardson was not sure
about the City's obligations, however this issue was previously
reviewed by the City in 1985 and a swale was installed as a
solution. The problem now exists because the Cuffs want to build
their garage where the swale is located. Bernhardson said that
the 35% issue still needed to be researched, but regardless of
what was determined, he did not believe that the City would be
compelled to do anything.
Ms. Cuff said that she had talked with some of her neighbors
and they had indicated that if the project could be done with
financial reasonableness, they would not object.
Mayor Grabek suggested taking whatever steps were necessary
to find out the legalities of neighbor participation and any
other ramifications that needed to be researched. He suggested
having the matter resolved by the end of April.
It was moved by Mayor Grabek, seconded by Counci lmember
Nettles, to table this item and direct Staff to bring forward any
11
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
• 3572 LIVINGSTON- DRAINAGE CONTINUED
information they may have by the March 13, 1989. Motion, Ayes =S,
Nays =O, Motion passed.
SEWER SERVICE /HIGHWAY 12*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to direct the Engineer to complete the
necessary studies and layout for sewer service to the Rebers'
property. Costs for the project when brought forward would
eventually be paid by those who would be served by this
additional capacity, be it through a connection charge and /or an
assessment. Motion, Ayes =S, Nays =O, Motion passed.
FACILITIES SITE ANALYSIS
Councilmember Goetten questioned whether the site location
for the new facility was the only issue at this time? She said
that she would have a difficult time determining any costs until
the site was determined. City Administrator Bernhardson replied
that site location would be discussed at the upcoming meeting.
Councilmember Goetten inquired as to the involvement of the
Planning Commission. Bernhardson said that this issue could be
discussed at a joint meeting. Mayor Grabek said that the
Planning Commission should be kept abreast of this issue.
However, he did not feel that a joint meeting should be held to
discuss every aspect of the facility site analysis. Goetten
• believed that the Planning Commission should be involved with
this process. Councilmembers Callahan and Nettles concurred with
Mayor Grabek in that the Council should do the initial reviews
and determinations and then the Planning Commission input should
be sought. Councilmember Peterson indicated that she too agreed
with Mayor Grabek.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to accept the analysis from Boarman and Associates and
table discussion until a special meeting. Motion, Ayes =4,
Councilmember Goetten, Nay, Motion passed.
INFORMATIONAL MEETING
After some discussion, it was determined that it would be
best to leave the informational meeting as scheduled for March 8,
1989.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to have an informational meeting to review the site
analysis work on March 8, 1989. Motion, Ayes =S, Nays =O, Motion
passed.
1910 SHADYWOOD ROAD*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to accept the information concerning 1910
• Shadywood Road. Motion, Ayes =S, Nays =O, Motion passed.
12
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
APPOINTMENT OF PART TIME OFFICER
Councilmember Goetten questioned whether a letter had been
drafted and presented to Officer Morrow from the City Council.
City Administrator Bernhardson stated that he would see to it
that those Councilmembers who had not signed the letter had an
opportunity to do so before presenting the letter to Officer
Morrow.
Councilmember Peterson questioned the salary at which the
new part -time officer would start. Bernhardson explained that
the position, as of the January 1, 1989, would involve more than
20 hours a week and consequently a different pay scale.
Councilmember Peterson asked if Mr. Kuyper had been deemed
physically and psychologically fit. Chief Kilbo responded that
Mr. Kuyper would not be put to work until the written results
were received.
It was moved by Councilmember Goetten, seconded by
Councilmember Callahan, to appoint Scott Kuyper to the position
of part time officer on a probationary status at an hourly wage
of $9.24 per hour with prorated benefits as established in the
plan effective date no sooner than March 1, 1989, or as soon as
practical, conditioned upon being deemed physically and
psychologically fit subject to normal probation for an officer.
Motion, Ayes =S, Nays =O, Motion passed.
POSITION APPOINTMENT - LIEUTENANT
Councilmember Goetten expressed her surprise at this item
being placed on the consent agenda. She felt that this was an
important issue and had a number of questions. She wanted to
know what the additional cost would be to add a third lieutenant
and whether the person with the second highest score would be
selected for that position.
City Administrator Bernhardson replied that he was not
bringing forward the request for the third lieutenant at this
time. He and the Chief had not discussed the aspect of
automatically filling that position with this "number two"
person.
Councilmember Goetten stated that she did not understand the
procedure that determined the person that was number one on the
list. She wanted to be provided with that information, in
addition to the financial ramifications of adding a third
lieutenant. Goetten also wanted to know what the percentage of
administration versus street activity each lieutenant would
perform. She asked whether the lieutenants would be determining
the shift rotation and who was currently performing that duty?
Bernhardson responded that shift rotation was determined at the
beginning of each year by Chief Kilbo.
Councilmember Peterson asked for clarification as to the
term "lateral organization ". Bernhardson explained that the
chain of command would be "flattened out" by having three
13
•
•
•
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
• POSITION APPOINTMENT- LIEUTENANT CONTINUED
lieutenants that would report to the Chief. It would alleviate
one person supervising 12 or 13 people.
Councilmember Peterson recollected that this selection
process had been done a few years back and asked why those test
results were not used in this case. Bernhardson explained that
there were additional people eligible this time, that were not
the previous time. He did not feel that it would have been
accurate to use the test results from two years ago at this time.
Bernhardson and the Chief did not feel that the process used two
years ago produced the kind of results they were seeking. Chief
Kilbo concurred.
Councilmember Peterson asked why a person that tested to be
number 5 two years ago, finished number one this time around.
Chief Kilbo responded that due to the fact that the Police
Department was not a civil service organization, there was no
need to list officers by merit. Councilmember Peterson opined
that the testing appeared to be more of a "popularity contest ".
Chief Kilbo disagreed and stated that he had worked with the
officers and that it was his job to pick the person that he
believes will do the best job. He said that he has to pick
someone that will reflect his ideals and standards for the entire
• police department.
Councilmember Peterson expressed her belief that the police
department was suffering from low morale and that perhaps an
outside source should be sought to evaluate the situation. Chief
Kilbo did not agree that there was low morale and sighted the
various achievements of the police department over the last year.
Councilmember Peterson encouraged Chief Kilbo to increase his
communication with his officers. Kilbo stated that his door has
always been open.
Ms. Heidi Morowczynski, questioned why the shift commander
positions were never established as it was suggested they would
be? Mayor Grabek questioned whether Ms. Morowczynski's husband
was on duty? She replied that he was not and added that many of
the officers were intimidated to speak up and felt they were not
heard.
Councilmember Goetten assured the Council that she had the
highest respect for the person be recommended to fill the vacant
lieutenant position. She questioned the term "in basket
exercise ". Chief Kilbo responded that it involved a group of 20
written questions that relate to everyday occurences within the
police department. The questions are designed to determine
management and leadership qualities.
• Councilmember Peterson informed Chief Kilbo that she had no
problem with his prospective appointment. Her concerns involve
the manner in which the determination was made.
Ms. Becky Anderson questioned why the prerequisite for
14
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
POSITION APPOINTMENT- LIEUTENANT CONTINUED
testing was changed to allow for certain persons to test. She
also questioned the drastic contrast between the scores achieved
by the outside testing versus the Chief /Administrator evaluation.
Mayor Grabek expressed his belief that the criteria involved in
each of these areas were management technics and philosophies and
that they should not be discussed in an open meeting. He added
that if there were concerns and questions about management's
technics, that it would be looked into. He encouraged the Ms.
Anderson's and Ms. Morowczynski's husbands to approach management
or himself to voice their opinions. Ms. Morowczynski questioned
whether coming forth would jeopardize the Officers' job security.
She said that was a reason why the officers were afraid to speak
out and that they did not trust management. Mayor Grabek stated
that the matter would be looked into.
Councilmember Goetten said that it was not her intention to
question the methods of the City Administrator. However, there
were some questions that needed to be discussed.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to table this item. Mayor Grabek agreed
that in lieu of the concerns that had been raised, that tabling
was appropriate. Councilmember Callahan did not object to
tabling this item, but questioned what it was that needed to be
investigated. Mayor Grabek answered that there were certain
issues that were brought forth. Councilmember Nettles observed
that if the Council was questioning the process, and the two
persons that were being asked to supply that information were the
persons directly involved with the process, how would the Council
go about it? Mayor Grabek said that it would be up to him to sit
down with individuals involved and come back to the Council at
the next meeting with a recommendation as to how to address the
situation. Motion, Ayes =S, Nays =O, Motion passed.
EURASIAN MILFOIL- RESOLUTION #2584
Councilmember Goetten asked that a clarification be made as
to whether the agreement was to contribute $15,000.00, or up to
$15,000.00.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to amend Resolution #2584 to read
"contribute $15,000.00" and to adopt Resolution #2584 for
transmission to the Lake Minnetonka Conservation District.
Motion, Ayes =5, Nays =O, Motion passed.
1988 SUMMARY OF RECEIPTS, DISBURSEMENTS & BALANCES
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to accept the Summary of Receipts, Disbursements and
Balances for the Twelve Months Ended December 31, 1988, as
presented. Motion, Ayes =5, Nays =O, Motion passed.
ENTRANCE SIGNS*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to table the Fullerton application for
15
•
•
•
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
ENTRANCE SIGNS CONTINUED
center island median until the March 13, 1989 Council Meeting.
Ayes =5, Nays =O, Motion passed.
LETTERS OF RECOGNITION - CHARLOTTE KNUTSON & ROBIN MIKELSON*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to accept the letters of recognition for
Ms. Charlotte Knutson, Sr. Accounting Clerk, and Ms. Robin
Mikelson, Asst. Finance Director, for their efforts in the
payroll conversion. Motion, Ayes =5, Nays =O, Motion passed.
EQUIPMENT PURCHASE PUBLIC WORKS- STREETS*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve the purchase of one single
axle dump truck from Boyer Ford of Minneapolis for an amount of
$40,325.00.
ADMINISTRATOR'S INFORMATION*
Councilmember Goetten reminded City Administrator
Bernhardson that she had requested some clarification and
information regarding this. City Administrator Bernhardson
acknowledged her request. Goetten wanted assurance that Mr.
Kuyper would go through stun gun training prior to using a stun
gun. City Administrator Bernhardson assured he would.
• It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to accept the City Administrator's
Information regarding: Stun Gun Training; M.W.C.D. Operations
Plan; City Administrator's Vacation; Highwood Sewer; and
Metropolitan Waste Control Commission Publication. Motion,
Ayes =5, Nays =O, Motion passed.
CITY ATTORNEY'S REPORT:
There was no report from the City Attorney.
LICENSES*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve the following license:
Septic System Installer: Don's Backhoe and Excavation
11585 - 110th Street
Cologne, MN
Roto- Rooter Services
14530 27th Avenue North
Minneapolis, MN
Thompson Plumbing Company
12201 Minnetonka Blvd.
Minneapolis, MN
• Widmer Inc.
P. 0. Box 219
St. Bonifacius, MN
16
MINUTES OF THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989
LICENSES CONTINUED •
Jerry Johnson Excavation
2445 Morningside Road
Long Lake, MN
Residential Kennel: Marilyn Pickard
4607 Watertown Road
Long Lake, MN 55356
John Baker
4680 West Branch Road
Mound, MN
Rollie and Nancy Martin
2675 Shadywood Road
Excelsior, MN 55331
Motion, Ayes =S, Nays =O, Motion passed.
BILLS*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve payment of the All Funds
Accounts. Motion, Ayes =S, Nays =O, Motion passed.
ADJOURNMENT 9:45 P.M.
It was moved by Councilmember Peterson, seconded by Mayor •
Grabek, to adjourn the Regular Council Meeting at 9:45 p.m.
Motion, Ayes =5, Nays =O, Motion passed.
17
v
Jam Grabe , ayor
U