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HomeMy Public PortalAbout01/17/1989 CCMPAYROLL CHECKS - JANUARY 17, 1989 10790 Wayne Wallace 10791 Jill McRae 10792 Richard Rabenort 10794 Richard Blevins 10795 James Dillman 10796 Robert Dressel 10797 Karen Dahlberg 10798 JoEllen Hurr 10799 Donna Roehl 10800 Laura Skarda 10801 Sandra Larson 10802 Benedict Young 10803 Carolyn Smith 10804 Jennifer Smith 10805 Prudential 10806 Great West Life 10807 Law Enforcement Labor Svcs. 10808 Henn. Co. Support 10809 Farmers State Bank (Fed.) 10810 Commissioner of Revenue 10811 Farmers State Bank (S.S.) 10812 P.E.R.A. ORDER CHECKS - JANUARY 17, 1989 $654.52 960.16 1,098.34 471.03 891.38 957.31 439.58 1,058.05 1,046.75 495.49 437.49 918.74 78.62 25.28 10.20 230.00 39.00 432.00 1,920.05 782.95 716.23 826.53 $14,873.65 7255 Farmers State Bank (S.S.) 716.23 7256 P.E.R.A. 1,084.23 7257 Commercial Life 21.60 7258 University of Minnesota. 10 .00 7259 Devac, Inc. �� 49,00 .00 The Council of the City of Medina met in regular session on Tuesday, January 17, 1989 at 7:30 P.M. I Present: Mayor, Thomas Anderson; Councilmembers, Wilfred Scherer, Anne Theis, Robert't' Mitchell, Stephen Schmit; Clerk -Treasurer, Donna Roehl; Police Chief, Richard Rabenort; Public Works Director, James Dillman; Planning and Zoning Admin- istrator, JoEllen Hurr; Engineer, Glenn Cook; Attorney, Ron Batty 1. ADDITIONAL AGENDA ITEMS Moved by Theis, seconded by Scherer to discuss the following additional items: Consent Agenda, add Jack Ebert, Variance Resolution Washington Scientific, approval for employee fishing contest at Lake Independence William Nelson, attorney bill for subdivision Billing procedure Motion declared carried 2. . MINUTES OF JANUARY 3, 1989 Moved by Scherer, seconded by Schmit to approve the minutes of January 3, 1989, as presented Motion declared carried 3. POLICE DEPARTMENT Firearms Instructor Richard Rabenort reported that he had found a firearms instructor for the next few months. Union Contract Robert Mitchell reported that progress is being made on an agreement for the Union Contract. City of Loretto, Police Contract Richard Rabenort reported that the contract for policing the City of Loretto, for 1989 has been signed by their city officials. 4. PUBLIC WORKS DEPARTMENT Brockton Lane and Chippewa Rd. Improvement Wilfred Scherer stated that he would like to have an informational meeting for residents living along brockton Lane, south of Hamel Rd. and for those residents along Chiipewa Rd., east of Co. Rd. 19. Jim Dillman asked for Council opinion regarding application of oil and sealcoat to some roads. Robert Mitchell stated that the budget should be reviewed to determine the amount of money that could be spent, and on which roads. Wilfred Scherer explained that he would want to put the improvements in the plan and improve the roads in 3-4 years. Robert Mitchell stated that further information should be brought to the Council. * Willow Dr., Water tower Moved by Scherer, seconded by Schmit to make final payment to CBI for the Willow dr. water tower, in the amount of $5000, for a final total cost of $408,300. Motion declared carried * CONSENT AGENDA * 5. HAMEL FIRE DEPARTMENT Moved by Scherer, seconded by Schmit to approve the 1989 renewal of the Hamel Fire Depart- ment Pull Tab gambling license at Inn Kahoots. Motion declared carried * 6. 1989 BOARD OF REVIEW MEETING Moved by Scherer, seconded by Schmit to schedule the 1989 Board of Review meeting for April 4, 1989 at 6:30 P.M. Motion declared carried k4 7. PLANNING AND ZONING DEPARTMENT * Wayne and Joan Popham, Variance Moved by Scherer, seconded by Schmit to adopt Resolution 89-3, granting a setback variance to Wayne and Joan Popham to construct a house at 2735 Hamel Rd. Motion declared carried Douglas and Louise Leatherdale, Conditional Use Permit * Moved by Scherer, seconded by Schmit to adopt Resolution 89-4, granting a Conditional Use Permit to construct a garage at 2075 Cottonwood Tr. Motion declared carried * JB Farms, Conditional Use Permit Moved by Scherer, seconded by Schmit to adopt Resolution 89-5, granting a Conditional Use Permit to JB Farms to construct a barn at 4650 Maple St. Motion declared carried * John Ebert, Setback Variance Moved by Scherer, seconded by Schmit to adopt Resolution 89-6, granting a lake setback variance to John Ebert, to construct a deck onto his residence at 2795 Co. Rd. 19. Motion declared carried Alpana Aluminum Bond Glenn Cook recommended that the bond posted by Alpana Aluminum for completion of land- scaping, parking and street construct, be released. Moved by Scherer, seconded by Theis to release the Alpana Aluminum bond, in the amount of $ 156,795.00, according to recommendation of the City Engineer. Motion declared carried Co. Rd. 116, Extension JoEllen Hurr stated that the matter of extending Co. Rd. 116 through the City of Orono would be discussed by the Orono City Council on January 23rd. Thomas Anderson asked if Wilfred Scherer would attend the meeting. Western Cedar JoEllen Hurr reported that the owner of Western Cedar had failed to make an appointment to discuss the clean up of his property at 710 Hamel Rd. Thomas Anderson stated that sometime. in December, the owner had told him that he would clean up his property. Ron Batty stated that two options were available; handle according to the Nusiance Ordinance or revoke the Conditional Use Permit. Moved by Mitchell, seconded by Theis to refer the matter of clean-up of the Western Cedar property to the city attorney and the zoning administrator. Motion declared carried 8. 1989 PROPERTY AND LIABILITY INSURANCE Council reviewed the 1989 insurance coverage through the League of Minnesota cities and discussed the level of deductibles that should be carried. Donna Roehl stated that she would ask the agent to attend the February 7th meeting to discuss the options, but in the meantime the city is fully covered with a $5000 deduct- ible, in all categories. 9. WORKER'S COMPENSATION INSURANCE Donna Roehl explained that presently the city council is covered through Worker's Comp at a premium of $530. She explained that there is a short term disability policy that could be purchased in lieu of the Workers Comp policy at less cost but with less benefits Council decided to continue with Workers Comp coverage for the City Council. 10. HENNEPIN COUNTY ECONOMIC DEVELOPMENT CONSORTIUM � Thomas Anderson explained the development promotion program that is being arranged for t.# cities, businesses and chambers of commerce for promotion of developing in Hennepin County. He stated that Medina would need to adopt a resolution of participation if Council is interested in participating,and if so, he would be interested in serving on one of the committees. Moved by Theis, seconded by Schmit to adopt Resolution 89-7, approving free membership in the Hennepin County Economic Development Consortium with Thomas Anderson to be a member of either the steering or working committee. Motion declared carried 11. WASHINGTON SCIENTIFIC Donna Roehl explained that an employees group of Washington scientific wishes to hold an employee fishing contest on Lake Independence on January 28th. She stated that the Henn- epin County Water Patrol needed approval of the city prior to issuance of a permit. Moved by Scherer, seconded by Theis to grant approval to Washington Scientific employees to hold an ice fishing contest on Lake Independence on January 28th, according to explan- ation contained in their application. Motion declared carried 12. WILLIAM NELSON Anne Theis stated that she had received a copy of a city bill regarding expenses incurred in connection with a subdivision application of William Nelson. She explained that it had been received from Robert Mitchells office, who had been contacted regarding the amount of the bill. Council discussed the attorney charges and Anne Theis stated that she would explain it to the Nelsons. 13. ALPANA ALUMINUM Anne Theis stated that she would research the questions and comments made in the memo from Don Klitzka of Alpana Aluminum and would report back to city council at a future meeting. 14. BILLS ;o \ Stephen Schmit asked if a list of checks could be included with the agenda material so that he could review them prior to a meeting. Thomas Anderson explained that councilmembers should come early before a meeting and review the bills. Donna Roehl stated that she would try to prepare a list for council but when a meeting was held on one of the first days of the month it was difficult to have a list prepared to send out with agendas on the Friday before a meeting. Moved by Schmit, seconded by Mitchell to pay the bills; Order Checks # 7255-7259 in the amount of $50,922.06 and Payroll Checks # 10790-10812 in the amount of $14,873.65. Motion declared carried 15. HACKAMORE RD. IMPROVEMENT, SPECIAL ASSESSMENT PUBLIC HEARINGS, 8:20 P.M. Glenn Cook explained that the improvement project for Hackamore rd. had been divided into four sections; Part 3 being the half mile section from Co. Rd. 116 to the east, for which Corcoran had received bids; Part 4, the half mile section west of Hwy. 101; Part 2, the half mile section west of Co. rd. 116 and Part 1, the one fourth mile section connecting to arrowhead Dr. He stated that previously Medina had discussed payment to Corcoran in $25,000 increments for the three one half mile sections and because Part 1 is only one- fourth of a mile the amount should be $12,500 or a total of $87,500. He stated that Corcoran is completing a feasibility study on the remaining three section of road. Scott Ellis, owner of property west of Co. Rd. 116, stated that he had a number of letters objecting to the assessments, not to the project. He stated that the westerly portion of Hackamore Rd. has only six Medina homes with the majority of the road users coming from Corcoran. He asked to what tonnage capacity the road would be constructed. Rort Derus of Corcoran stated it would be a 9 ton road. j Glenn Cook explained that the assessments are similar to what is done for other roads in the city. Anne Theis stated that Medina would only be contributing 25% of the cost; this would coincide with the fact that the majority of the traffic is being generated by Corcoran residents. Robert Mitchell explained that others in the city pay similar assessments, with the exception of large acreage users. Gllen Cook reported that the off -streeet assessments are based on a unit being 72 acres. Thomas Anderson stated that the only way Medina will agree to participating in the project is through assessing, if owners are not interested it may not be done. Robert Derus stated that one of thereasons Corcoran is discussing improving the entire road is a result of a suggestion made by Jim Dillman. Rick Rockwood, 6285 Butterworth Ln., Corcoran, asked how improving the entire road would affect Corcoran residents. He stated that he did not believe that the road would be safe. Robert Derus stated that Corcoran has not held a hearing. Jim Gorman, 525 Hackamore Rd., stated that the road connects three county roads and the residents should not have to pay for all of the other people who will be using the road. Larry Elwell, 6125 Hwy. 101, stated that he did not believe enough had been done to get Hennepin County to take over the road. Scott Ellis asked when the road would be completed. Robert Derus stated that it would be completed in 1989. Ron Batty explained that letter of objection must be received at this meeting and that owners must file in District Court within 30 days. Larry Elwell read his letter of objection. Marilyn Larson, 435 Hackamore Rd., stated that she had no objection to the improvement. Rick Rockwood asked if there was some other way to improve the road. Glenn Cook stated that dust control is very costly on a highly used road. Scott Ellis stated that a stop sign should be put at Old Settlers Rd. and Hackamore Rd. Robert Mitchell asked how many cars, per day, a road can accomodate before paving was needed. Glenn Cook stated that after 300-400 cars per day it is very difficult to maintain a gravel road. Larry Elwell stated that he did not believe that he should be charged for off-street units. Moved by Scherer, seconded by Schmit to close the Improvement and Special Assessment Hearing. Motion declared carried Public Hearings closed at 9:10 P.M. Thomas Anderson asked when a decision needed to be made on a project. Ron Batty explained that a project must be ordered within six months of a public hearing. Robert Mitchell suggested waiting until Corcoran commits to the project. Robert Derus stated that it would be helpful for Corcoran to know what Medina intends. Ron Batty stated that the least Council should do would be to continue the assessment hearing. Robert Mitchell stated that if the assessment roll was adopted Council would know within thirty days if a committment could be made to Corcoran. Moved by Scherer, seconded by Mitchell to adopt Resolution 89-7 A approving the assessment roll for Hackamore Rd. Motion declared carried 16. PERSONNEL POLICY Council and staff reviewed the prepared personnel policy, several changes were suggested. Moved by Mitchell, seconded by Schmit to adopt the personnel policy. Motion declared carried Abstaining --Theis 17. JOELLEN HURR EMPLOYMENT Moved by Scherer, seconded by Mitchell to accept the resignation of JoEllen Hurr as Planning and Zoning Administrator, effective January 31,1989. Motion declared carried 18. WOODLAKE AGREEMENT Council discussed a prepared agreement submitted by Woodlake Landfill regarding payment, by them, of 5 cents per cubic yard of solid waste received at the landfill, to cover con- sultant expenses to be incurred by the city in connection with the landfill. Thomas Anderson stated that he had negotiated the agreement with Jerry Seck of Woodlake, because they would like continuity in working with the landfill. Anne Theis asked if the Mayor could ascertain how Woodlake would react to working with anyone else but JoEllen Hurr. Stephen Schmit asked if there were any concessions the city would need to make if the agreement was approved. Thomas Anderson stated that he did not know of any. Anne Theis stated that she would have to think seriously before she would turn down $70,000. Robert Mitchell stated that Hennepin County and Woodlake would be coming to the city for a temporary ash facility, which some believe will become a permanent site and the County and State may lean on the city to allow it, over all objections. Anne Theis stated that the terms of the contract do not divi.ate from the cities ability to bill back for work done, this additional 5 cents would be additional revenue that would compensate Medina for accomodating the landfill. 19. JOELLEN HURR CONTRACT Regarding the prepared contract under which JoEllen Hurr would handle all landfill matters, Anne Theis stated that the contract before the Council was the one that the Mayor and she had negotiated and agreed upon. Robert Mitchell stated that the new contract is similar to the previous draft in that the city would pay even if the contract were terminated. He stated that JoEllen Hurr does not have a law or engineering degree, which experts will need to be hired in addition to her. He stated that the contract should be based on an hourly rate and that it appears that the contract is a pass through from the Woodlake agreement. Anne Theis asked if Robert Mitchell would be comfortable having some unknowns working on the project. Robert Mitchell stated that the group of attorneys had worked well with JoEllen Hurr the last time Woodlake was before the city with an application. He asked why the contract had not been written with only an hourly rate. JoEllen Hurr stated that Ron Rogers, Leonard Leuer, Thomas Anderson and herself had worked for three hours with the city attorney and had agreed upon this contract. Thomas Anderson stated that the contract contains a $500 retainer with $950 additional, per month, used for ongoing enforcement of the existing landfill. Robert Mitchell asked if the contract could be rewritten with only an hourly rate. Anne Theis asked if Robert Mitchell believed there were people that would work for $75.00 per hour. Robert Mitchell stated that he believed that someone could be found when the city is charged $55.00 per hour for the city engineer. Stephen Schmit stated that he believed that the city wants to be tough on this situation for the next two years and the $33,000 would be money well spent. Robert Mitchell asked why their is a liquidated damage clause in the contract, as that is disadvantageous to the city. Anne Theis stated that is the way in which the contract was written. Robert Mitchell asked why office space would need to be provided. JOEllen Hurr stated that space was intended to be used for meetings. 3 .Robert Mitchell stated that he did not like the Woodlake Agreement and if it was a pass through from them to JoEllen Hurr she should be working for them, not the city. JoEllen Hurr stated that Woodlake had never gotten everything from her that they wanted. Anne Theis stated that the duly appointed councilmembers had worked on this contract for two months. Thomas Anderson stated that he would have no problem working out the contract on an hourly basis, similar to that paid to the engineer. Moved by Mitchell, seconded by Scherer to rewrite the terms of the contract with JoEllen Hurt at $55.00 per hour, cancellable on 60 days notice, payment of $500 per month for those two months, use of city hall for meetings, and other items included in the draft. Stephen Schmit asked if the 60 day cancellation clause was a way by which notice of cancellation could be given in 60 days. Robert Mitchell stated that it was not meant in that context, most contracts have that language. JoEllen Hurr stated that she would need to discuss this with her attorney. Motion declared carried Voting No -Theis COD 5 4 a 1 , �4 _ G 0d,2X 5 o ra v Thomas Anderson stated that someone else should talk with Woodlake about the agreement Robert Mitchell stated that he would be willing to discuss it with them. 20. ZONING ADMINISTRATOR REPLACEMENT Thomas Anderson suggested that the city hire Loren Kohnen after January 31st to do the planning and zoning work for the city, as he has had some experience in the City of Dayton. Loren Kohnen stated that he would like some input from the council and planning commission as to what was expected from him. He stated that it would probably take 4-5 hours per day, $20,000 per year with no benefits. Stephen Schmit asked if an hourly rate such as $15.00-$20 00 per hour should be discussed. Anne Theis asked if the city would be hiring Loren Kohnen or the people that work with him. Loren stated that the contract would be with his company but he would personally be doing the work. Thomas Anderson asked if six months would be a sufficient term. Moved by Mitchell, seconded by Scherer to hire Loren Kohnen, through Metro West Inspect- ions, at $20.00 per hour, with the city attorney and Anne Theis to negotiate terms. Motion declared carried 21. CITY ADMINISTRATOR Thomas Anderson asked if council wished to discuss hiring a Zoning Administrator/City Administrator. Donna Roehl stated that she believed that all departments were doing a good job for the city and that perhaps the city council thinks that city staff does not know what they should be doing. She suggested that someone discuss this on an individual basis with department heads. 22. MAYOR Thomas Anderson reported that he was doing some consulting work for Bonestroo and Assoc- iates and he would need to find out if this was a conflict with his being Mayor. Moved by Scherer, seconded by Mitchell to adjourn. Motion declared carried Meeting adjourned at 11:15 P.M. Clerk -Treasurer Mayor January 17, 1989