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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