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HomeMy WebLinkAbout03-25-1985 Council Minutes � � MrNUTES OF THE ORONO COUNCIL MEETING HELD MARCH 25, 1985. PAGE 1 ATTENDANCE 7 :12 PM The Orono Council met on the above date with the following members present : Mayor Butler, Councilmembers Grabek, Frahm, and Lynn Adams . Councilmember Tim Adams wasabsent. City Attorney Radio and City Engineer Cook were also present. ' The following represented the City staff : Public Works Coordinator Gerhardson, Deputy City Clerk Lattin , Finance Director Kuehn, Assistant Zoning Administrator Gaffron, Building Official Jacobs , Police Chief Kilbo, and City Recorder Sutton. Nancy Husnik from the City Attorney' s office, Popham, Haik, etc, was also present . Mayor Butler left the meeting at 7 : 56 p.m. and Councilmember Frahm continued the meeting as Acting Mayor. PUBLIC HEARING 7 :13-7 :20 PM COMMUNITY DEVELOPMENT BLOCR GRANT PROGRI�M Larry Blackstad, Office of Planning & Development, Hennepin County, was present. City Recorder Sutton noted the affidavit of publication. Mayor Butler announced that now was the time and place for the public hearing concerning the community development block grant program Year XI . There was no one present from the audience for this public hearing. Mayor Butler notEd that the City has approximately $28 , 000 in funds for Year XI . Butler explained that these funds must be allocated in order for the City to retain these funds. Larry Blackstad, Senior Plannerforthe Block Grant Program, stated that the City must set up the administration for the program. Blackstad stated that the City has an 18 month time period for when the program is approved by HUD that an expenditure has to occur . Blackstad stated that the moiiey discussed tonight would become available to the City on July l, 1985, and must be expended by January l , 1987 . Councilmember L. Adamsmoved, Councilmember Frahm seconded, to direct staff to complete the application for the funding and send to Hennepin County. Motion, Ayes ( 4 ) , Nays ( 0 ) . Councilmember L. Adams stated that the priority for the funding should be used for the Crystal Bay residents for their hookups to the sewer. Larry Blackstad stated that there was a sample resolution given to the Public Works Coordinator regarding the Community Development Block Grant Program funds . Public Works Coordinator Gerhardson stated that the resolution would be on the next Council agenda. NINUTES OF THE ORONO COUNCIL MEETING HELD MARCH 25, 1985. PAGE 2 CONSENT AGENDA* Police Chief Kilbo asked that the Blue Bell Solicitor ' s License be removed from the consent agenda item #19 . , MayorButlermoved, CouncilmemberFrahmseconded , to approve the Consent Agenda* , subject to item #19 being removed, with all staff reports concerning these items to be attached to an original copy of these minutes on file in the City Clerk' s office. Motion, Ayes ( 4 ) , Nays ( 0 ) . APPROVAL OF MINUTES* MayorButlermoved, CouncilmemberFrahmseconded , to approve the regular minutes of the Orono Council meeting held March 11 , 1985 , as submitted. Motion , Ayes ( 4 ) , Nays ( C' ) . APPEARANCE BY AL & MARGO PENRE - SOLICITORS LICENSE Al and Margo Penke were present to discuss their solicitor ' s license application to sell cut flowers . AlPenke stated that his current solicitor ' s license expires next week and he is here to renew the license. Penke stated that he learned about the complaint from Flowers by Helen through the newspapers. Penke explained that the newspaper articles made him look like the bad guy when all along he has complied with the City' s ordinances. Penke stated that he did not know that he needed a temporary sign permit and will remove the signs . Penke felt that the complaint from a Spr ing Park business owner should not have any bearing on the Orono business person just because he is creating competitionfor theSpring Park business . Penkestated that his own competition is Tyra ' s market. Margo Penke stated that their business is like a European Flower Market . Penke stated that they have been doing business in Niaple Plain and Cokato and have never had any complaints . Councilmember Grabek moved, Councilmember L. Adams seconded , to approve the solicitor ' s license for Al and Margo Penke to sell cut flowers for 60 days. Motion, Ayes ( 4 ) , Nays ( 0 ) . LARE MINNETONKA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was not present and there was no Lake Minnetonka Conservation District Report. PLANNING COMMISSION COMMENTS Chairman Callahan and Planning Commission member Rovegno were present. PUBLIC COMMENTS Police Chief Kilbo asked that the Council act on a limited firearms permit. Kilbo stated that a resident is having problems with raccoons. Kilbo stated that he just received the telephone calltoday. Kilbo stated that he reviewed the firearms permit and doesn ' t foresee any problems . NINUTES OF TI3E ORONO COUNCIL MEETING H�LD M11RCIl 25, 1985. PAGE 3 Councilmember Frahm moved, Councilmember L. Adams seconded , to approve the limitedfirearmspermitforl5days . Motion , , Ayes ( 3 ) , Nays (0 ) . MEMO ON STATUS OF TREE REMOVAL ON PROPERTY LOCATED AT 3135 CASCO CIRCLE* Mayor Butler moved, Councilmember Frahm seconded , to accept the status memo concerning the tree removal on property located at 3135 Casco Circle written by Building Official Jacobs. Motion, Ayes ( 4 ) , Nays ( 0 ) . #8 8 4 RICEiARD ELLER 2655 SHADYWOOD ROAD VARIANCE Richard Eller was present. D.C. Messer of 2673 Pheasant Road and E.J. Stanke of 2660 Pheasant Road were present. Jerry Vdheeler of 3399 Crystal Bay Road was also present. Acting Mayor Frahm felt that the boat should be removed by April 15 , 1985 . Councilmember L. Adams felt tr�at the Council should follow the Planning Commission' s recommendation to deny the variance to permit the storage of the oversized boat based on a question of the validity of the hardships claimed by Eller and that the applicant can relocate the boat. Co»ncilmember Grabek moved, Councilmember L. Adams seconded, to deny the variance to permit the storage of the oversized boat based on a question of the validity of the hardships claimed by Eller and that the applicant can relocate the boat which sits on a trailer and directs applicant to move the boat by April 15 , 1985 . Before a vote was taken, discussion continued. Richard Eller felt that April 15 was unreasonable. Eller stated that the boat is usually put in the water prior to Memorial Day or May 30. Eller stated that the boat was there last year and he didn't know his neighbors objected to the oversized boat. Eller stated that he has promised that the boat will not be parked there next year. Councilmember Grabek felt that May lst' would be a better deadline for the applicant and changed the motion to May lst instead of April 15, 1985. D.C. Messer of 2673 Pheasant Road stated that the applicant is dragging his feet. Messer stated that the boat could have been moved in November when he was notified of the violation. Acting Mayor Frahm told the neighbors that the City has had a report from a marina verifying that if the boat was moved, that it would damage the boat. NINUTES OF TIjE ORONO COUNCIL MEETING HELD MARCI3 25, 1985. PAGE 4 Councilm�mber L. Adams withdrew his second since the motion was changed to include a May lst deadline instead of April 15th. Richard Eller stated that certain things have been misconstrued in his case. Eller explained that he never knew that anyone was unhappy with his boat parked there. Eller stated that December 5th after he returned from vacation was the first he had heard of any complaint about the boat. Councilmember Grabek asked the neighbors if they ever approached Eller asking him to move the boat and informing Eller that they were unhappy with the boat parked there. E.J. Stanke of 2660 Pheasant Road stated that he never talked to Eller but called the City and found out that Eller was in violation of the boat ordinance. Stanke noted that hishome is for sale and the boat is discouraging buyers . Councilmember Grabek encouraged the neighbors to work out their problems and approaching the neighbor firct before ma;.ters like this are brought before the City Council. Richard Eller stated that to move the boat for one month would cost him a great deal of money. Councilmember Grabek moved, Councilmember Frahm secon�ed , to deny the variance to park boat and gave a deadline of May l , 1985, for the boat to be removed, and boat never to be parked there again. Motion, Ayes ( 3 ) , Nays ( 0 ) . PUBLIC HEARING 8 :15-8:16 PM VACATION OF MANOR CIRCLE Acting Mayor Frahm announced that now was the time and place for the public hearing to be held concerning the vacation of Manor Circle. City Recorder Sutton noted the affidavit of publication. There was no one present in the audience for this public hearing, therefore Acting Mayor Frahm closed the public hearing at 8 :16 p.m. Acting Mayor Frahm moved, Councilmember L. Adams seconded, to postpone the vacation of Manor Circle until the developer of Outlot A proceeds with the third stage plat, and further directs the Mayor to execute the agreement on behalf of the City. Motion, Ayes ( 3 ) , Nays ( 0 ) . , NINUTES OF TI3L ORONO COUNCII MEETItdG I�ELD MARCII 25, 1985. PAGE 5 #889 EUGENE NELSON BIG ISLAND RECORD LOTS 16 AND 22 - FINAL SUBD RESOLUTION Jay T. Smedberg was present. Assistant Zoning Administrator Gaffron noted that the Big Island Ordinance does have some inconsistencies . Gaffron noted that Smedberg recently purchased the properties owned by Eugene Nelson. Gaffron noted that this was a division for tax purposes. Jay Smedberg asked for extra time to speculate on his options for the property in question. Councilmember L. Adams felt that the Council could act on the application and still allow time for Smedberg to speculate on his options . Councilmember Grabek stated that Smedberg ' s options are limited anyway in that the entire property, when in common ownership, can only be one record lot. Councilmember Grabek moved, Ac:ting Mayor Frahm seconded, to table the application for 6 months to allow the applicant ample time to seek his options for the properties in question and further directed staff to amend the ordinance to eliminate errors before this item is placeci on the agenda. Motion, Ayes ( 2 ) , Nays ( 1 ) . Councilmember L. Adams voted nay. Adams felt that the division for tax purposes could be acted on tonight. RESOLUTION #1741 ACCEPT BIDS CRYSTAL BAY SEWER PROJECT City EngineerCook reviewed withthe Councilthe bidsreceived for the Crystal Bay Sewer Project. Cook noted the lowest bid was from ARI in the amount of $691, 587 . 65 . Cook noted that the City has worked with ARI and has received satisfactory work from ARI . Cook noted the resolution for Council ' s action in which the Council would accept the bids but not award the project. Councilmember Grabek moved, Councilmember L. Adams seconded, to approve Resolution #1741 , A Resolution Accepting Bids for the Crystal Bay Sewer Project but not awarding the project. riotion, Ayes ( 3 ? , Nays ( 0 ) . SET ASSESSMENT PROCEDURES CRYSTAL BAY SEWER PROJECT City Engineer Cook asked for Council ' s opinion �n what information and what assessment procedure the City should notify the Crystal Bay residents and general tax payers of Orono. Cook explained that if Council decided on a 50/50 assessment withfront lateralchargesaccording to lot sizes the following would be a per unit cost : for a 50 ' lot the assessment would be $7 , 419 . 20/unit , NINUTES OF TI3E ORONO COUNCIL MEETING IIELD MARCII 25, 1985. PI�GF ( for a 100 ' lot the assessment would be $9 , 751 . 20/unit for a 150 ' lot the assessment would be $12 , 080 . 20/unit for a 200 ' lot the assessment would be $14 , 415 . 20/unit City Engineer Cook did note that the last few sewer projects went strictly by a unit basis or the same charge for everyone regardless of their lot size. Cook noted if the Council was to choose the per unit basis for everyone the assessment would be $10 , 724 . 94 . Planning Commission member Rovegno stated that he happens to have one of the largest lots in the sewer project and doesn' t feel that he should be penalized because he conforms to more of the zoning code then the others with the small lots . Rovegno noted that its the smaller lots that forced the sewer onto the area in the first place. Rovegno explained that he has ample area to expand or repair his septic system if needed. Rovegno asked that Council use the same unit basis for everyone rather than penalizing the .larger lots . Rovegno felt that the Art Cen;,:er should be incl.uded in the project becuase of its quasi-commercial use. The consensus of the Council was to base the assessments on a per vnit basis rather than the lateral charge . Councilmember L. Adams moved, Councilmember Grabek seconded, to direct staff to include the Art Center in the project and in the publichearingif possible. Motion, Ayes ( 3 ) , Nays (0 ) . City Attorney Radio stated that hewould investigate whether the City would have to start all the hearings over again because they weren 't included from the start of the project. Radio noted that they did receive published notice in the paper. Radio noted that he would report back to the Council. Councilmember Grabek felt the project should be assessed 100% against the Crystal Bay residents and not include the general tax payer. Councilmember L. Adams concurred with Grabek that the project should be 100� assessed, but added that the Crystal Bay residents that qualify should be allowed to apply for financial assistance through the grant program. Adams stated that the City should not exercise its right to take prop�rty from the resident that cannot pay until property is sold or the person has died. . Council felt that in the notice to the general public and Crystal Bay residents that the ratio should be 50-100$ assessed as the options for the Council to consider at the assessment hearing. _ NINUTES OF THE ORONO COUNCIL MEETING H�LD M1�RCI� 25, 1985. PI�GE � Councilmember Grabek moved , Councilmember L. Adams seconded, to direct staff to draft a notice to go the general public and Crystal Bay residents with the ratio of 50-100$ assessed as being the options for the Council to consider at the assessment hearing. Motion, Ayes ( 3 ) , Nays ( 0 ) . RESOLUTION �1742 ASSESSMENT HEARING APRIL 22, 1985 ORONO MIDDLE SCHOOLPublic Works Coordinator Gerhardson suggested changing the time of the assessment hearing from 7 : 00 to 7 : 30 p.m. in case the City must have a public hearing for the Art Center at which time such public hearing would be held at 7 : 00 p.m. Councilmember L. Adams moved, Councilmember Grabek seconded, to approve Resolution #1742 , A Resolution Approving the Assessment Hearing to be held in the Orono Middle School on April 22 , 1985 , at 7 : 30 p.m. Motion, Ayes ( 3 ) , Nays ( 0 ) . MAYOR' S REPORT - EMPLOYMENT OF CITY ADMINISTRATOR CySmythe was present. Smythe reviewed with the Councilthe contract to employ the new City Administrator. Councilmember Grabek moved , Councilmember I,. Adams se�:onded, to approve the employment contract effective May l, 1985, with Mark Bernhardson as the new City Administrator and further directed staff to submit contract for Bernhardson ' s signature. Motion, Ayes ( 4 ) , Nays ( 0 ) . BID AWARD SINGLE AXLE DUMP TRUCK* Councilmember L. Adams moved, Councilmember Frahm secor�ded, to award the bid to the Minneapolis GMC for an amount not to exceed $23 ,842. 00 for a single axle dump truck and hydraulic sander. Motion, Ayes ( 4 ) , Nays ( 0 ) . 1984 POLICE DEPARTMENT OPERATIONS* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept Finance Director Kuehn' s memo concerning the 1984 Police Department Operations . Motion, Ayes ( 4 ) , Nays ( 0 ) . YEAR-TO-DATE ESTIMATED REVENUES COMPARED TO ACTUAL REVENUES AS OF DEC 31, 1984* Councilmember L. Adams moved , Councilmember Frahm seconded, to approve Finance Director Kuehn' s year-to-date estimated revenues compared to actual revenues as of December 31 , 1984 . Motion, Ayes ( 4 ) , Nays ( 0 ) . - MINUTES OF TIIE ORONO COUNCIL MEETING i��LD MARCFI 25, 1985 . PAGE g YEAR-TO-DATE BUDGET • APPROPRIATION COMPARED WITH ACTUAL EXPENDITURES AS OF DEC. 31, 1984* � Councilmember L. Adamsmoved, Councilmember Frahm seconded, to approve Finance Director Kuehn ' s year-to-date budget appropriation compared with actual expenditures as of December 31 , 1984 . Motion, Ayes ( 4 ) , Nays ( 0 ) . NON-LETHAL WEAPON REVIEW - POLICE DEPARTI�IENT Police Chief Kilbo demonstrated the non-lethal weapon (Nova XR-5000 , stun gun ) and asked for Council ' s approval to allow the officers to carry such weapon. Kilbo stated that he has discussed the side affects with medical experts and they have no problems with the stun gun. Kilbo stated that he also checked with the insurance company and they foresee no problem with coveringsuch weapon. Kilbostated thatstrict guidelines will be followed by officers that use the stun gun. Kilbo noted that the pol.ice department will not buy the stun guns for the officers but each individual officer will buy the stun gun if they wish t� carry one. Kilbo noted that Brooklyn Park uses the stun gun and has had no problems with it. Kilbo explained that the stun gun is used to get control over someone who is not very cooperative with the police. City Attorney Radio stressed that this non-lethal weapon is oniy to be used in extreme cases and when reasonable force is necessary. Radio noted that adequate training should be required of all officers that carry such weapon. Acting Mayor Frahm stated that the weapon should be used as a defensive weapon only and not as an offensive weapon. Councilmember Grabekstated thatstrict guidelinesshould be followed when the use of this weapon is necessary. Police Chief Kilbo stated that everytime one of these weapons are used the officer will be required to keep a record of the instances when the weapon is used, and the police department will report to the Council on the incident. Councilmember L. Adams moved, Acting Mayor Frahm seconded , granted the police department permission to allow its officers to purchase the Nova XR-S000 and be allowed to use weapon according to department guidelines with regular reports from the police department when such weapon is used. Motion, Ayes ( 3 ) , Nays (0 ) . MINUTES OF THE ORONO COUNCIL MEETING HELD MARCH 25, 1985 PAGE 9 SAI�RY & BENEFIT REVIEW FOR CITY EMPLOYEES CY SMYTHE Cy Smythe was present. Smythe asked for Council direction concerning the salary and benefit review for City Employees . Smythe explained that ever since the arbitration came via the police to establish longevity programs for police it was consistent with the majority of the Cities in the area . Smythe stated that the CitX has never established a basis for which they want to pay anybody. Smythe stated that the City should make such definitive decision for two reasons : 1 ) So the employees and the Council know the basis on which they will pay employees ; 2 ) Because the legislature passed the comparable worth act which indicates that the City has to do a job evaluation study and measure the market in order to make salary decisions. Smythestated that the Cityshould decide how they wish to pay their employees based on comparison with a relavent group of comparable Cities . Councilmember L. Adams asked if the comparable worth study has te be done with other public institutions or could comparisions be made through the private sector where there is market pressure to determ�_ne wages. Smythe stated that the comparable worth act does not specify public or private. Smythe stated that the Council should decide what cities they would like to be compared with and then Smythe can make a recommendation based on the results of thF, study. Smythe stated that the City is currently participating in a comparable worth study with Control Data but such study results will not be available until approximately December, 1985 . Smythe suggested that the City not pay City employees the same longevity as granted to the police because longevity is a method of payment which has been adjudged by arbitrators as unique to police and fire employees. Acting Mayor Frahm stated that the new City Administrator should be involved with the creation of salary policy. Smythe also noted that other cities do not offer longevity to their employees (otherthan police andfire ) . Smythe stated that the unskilled/semi-skilled public works employees are overpaid compared with the market. Smythe stated that unskilled/semi-skilled public works employee receives approximately $9-11/hr when the market dictates $6/hr. Smythe stated that the City is competitive with the private sector asfar as clerical help is concerned. Smythe stated that a study could be done with 6-7 comparable cities in the western suburbs. CouncilmemberGrabek askedfor a comparable worthstudy with 6-7 surrounding cities in. the western suburbs for Council ' s information and the new City Administrator. , NINUTES OF TllE ORONO COUNCIL MEETING I�ELD M11RCIi 25, 1985. PAGE 10 Acting Mayor Frahm moved , Councilmember L. Adams seconded, to direct Cy Smythe to do a comparable worth study with 6-7 , surrounding cities in the western suburbs not to exceed an amount of $500 , to be submitted to Council as soon as possible, and to wait until the new City Administrator comes aboard before setting up any formal policy procedures . Motion, Ayes ( 3 ) , Nays ( 0 ) . CITY ATTORNEY' S REPORT City Attorney Radio stated that the City of Moundsview is asking other cities to submit a amicus curiae brief in support of their position regarding their denial of a zoning permit and asked Council ' s opinion on whether the City should get involved. Radio noted that amicus curiae briefs rarely help and questioned whether it would be worth the City of Orono to get involved. Radio stated that he would contact the City Attorney for Moundsview. City Attorney Radio introduced his legal assistant, Nancy Husnik, to the Council. LICENSES BLUE BELL ICE CREAM Police Chief Kilbo stated that the Blue Bell Ice Cream Company has submitted a solicitor' s license application. Kilbo stated that he has no problem with the owners, but would like to get a list of names and telephone numbers of the actual people that will be soliciting within Orono. Kilbo stated that it will be college age solicitors and would like to check each one individually. Councilmember L. Adams moved, Acting Mayor Frahm seconded, to approve the Blue Bell Ice Cream Solicitor ' s license subject to the company submitting a list of names and telephone numbers of the actual people that will be soliciting within Orono. Motion, Ayes ( 3 ) , Nays ( 0 ) . WAIVE $150 FEE Public Works Coordinator Gerhardson explained that a gentlemen wants to move an oversized boat lift and in Orono ' s fee schedule it requires a $150 for moving homes but does not addressoversized objectssuch asthe boat lift. Gerhardson � stated that Hennepin County does require a $15 permit fee. CouncilmemberGrabek moved, Acting Mayor Frahm seconded, to waive the fee for moving an over-width boat lift through Orono and to honor Henepin County' s permit as long as the applicant follows all regulations of Hennepin County' s permit. Hlotion, Ayes ( 3 ) , Nays ( 0 ) . LICENSES* MayorButler moved, CouncilmemberFrahmseconded, to approve the following licenses : Earl Day & Sons - Septic License Thompson Plumbing - Septic License Patnode Bros - Septic License Minnetonka Bass Club - Parades & Special Events Permit Motion, Ayes (4 ) , Nays ( 0 ) . . . NINUTES OF TIiE ORONO COUNCIL MEETING I��LD M11RCI� 25, J_985. PAGE 11 BILLS* Mayor Butler moved, Councilmember Frahm seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes ( 4 ) , Nays (0 ) . ADJOURNMENT 10:06 PM Acting Mayor Frahm moved, Councilmember L. Adams seconded, to adjourn the regular Council meeting at 10 : 06 p.m. and enter into executive session. Motion, Ayes ( 3 ) , Navs ( 0 ) . ATT ST: �� � � � �� � � � � i`�ly �: ��; 0 othy Hallin, City Clerk Mary C. $�ler, Mayor