HomeMy Public PortalAbout06/01/99 CCM95
MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 1, 1999
The City Council of Medina, Minnesota met in regular session on June 1, 1999 at 7:30 p.m. in
the City Hall Chambers. Mayor John Ferris presided.
Members present: Ferris, Zietlow, Hamilton, and Johnson.
Members absent: Smith.
Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman,
City Engineer Glenn Cook, Planning & Zoning Administrator Loren Kohnen, and City Clerk -
Treasurer Paul Robinson.
1. Additions to the Agenda
A. Update on a police department appeal.
Moved by John Hamilton, seconded by Phil Zietlow, to approve the agenda as amended.
Motion passed unanimously.
2. Approval of the Minutes from May 18, 1999
Moved by Phil Zietlow, seconded by Jim Johnson, to approve the minutes of May 18, 1999 as
presented. Motion passed. John Ferris abstained.
3. Approval of the Consent Agenda
A. Resolution 99-33 Granting Setback Variances to Harvey Andersen for a Deck
Replacement at 3121 Lakeshore Avenue.
B. Resolution 99-34 Granting Variance to Tom Turnham for the Property at 1512
Deerhill Road.
C. Resolution 99-35 Granting Preliminary Plat Approval to Gary Kiri
D. Resolution 99-36 Granting Preliminary Approval to a Plat for Maureen Connolly
and Beth and Finn Haug.
Moved by Phil Zietlow, seconded by John Hamilton, to approve the consent agenda. Motion
passed unanimously.
4. Comments from Residents in Attendance on Items Not on the Agenda
Ramona Steadman of 210 Cherry Hill Trail said she had spoken several times with Jim Dillman
as well as the city council about paving Evergreen Road. She said when their homes were built,
1990 through 1999, the residents paid an assessment to have Evergreen Road paved. She
said each year that she comes to the city council they say that they will pave it the next year and
then each year it is postponed.
Jim Dillman said that has been true. He said things keep coming up that postpone this project.
This year it was the construction of the Rolling Green Country Club. He said next year should
be the year this project is done.
There was some discussion about the original assessment. Fifty-five of the properties were
assessed $620 and 25 were charged $ 670 for a total assessment of $50,350.
Jim Dillman thought the assessment was to be divided equally between the Cherry Hill
Development, the golf course and the Elwell property.
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June 1, 1999
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Ramona Steadman said the residents of Cherry Hill are willing to do what is fair. They just want
the road to be paved and since the city is discussing other road projects tonight she wanted to
make sure that the city did not forget about Evergreen Road.
Steadman said she wanted to leave on a positive note. She said she was happy to see the city
promoting family events such as the Wolsfeld cabin social event. She thought it was going to
be a good event and thanked the city and others for their efforts.
5. Park Commission Comments
There were none.
6. Planning Commission Comments
There were none.
7. Chippewa Road Public Hearing
John Ferris opened up the public hearing. He said he was sorry he missed the previous public
hearing. He said because he had missed the last public hearing he prepared some thoughts to
let everybody know where he stands on this issue.
Ferris said when the city council was first considering this issue, Polaris Industries had
cancelled their groundbreaking because they were concerned about the paving of Chippewa
Road. He said at the next city council meeting, the city council voted to make the paving of
Chippewa Road their number one priority. Based on this action, Polaris rescheduled their
groundbreaking and commenced construction. He said he attended the groundbreaking and
reaffirmed the city's support for paving of the road.
He said it is a poor road that needs upgrading with or without Polaris. He said the cost of this
improvement was primarily being born by the city and Polaris Industries. He said a signal light
at Willow is expected to result from the city taking this initiative to improve Chippewa and close
accesses to Highway 55. He said that improvement to the eastern portion of Chippewa Road
would be very costly and not necessary at this time.
John Ferris gave an example of a similar assessment that he went through when Tamarack was
paved. Ferris said fairness is always a concern in the city. However, the city has made an
obligation to support all of its inhabitants whether they are commercial or residential.
Ferris said this road improvement needed to be done and was desirable from public policy
standpoint. The cost allocation is fair, given that the residents are bearing the smallest portion
of the cost. He said that the city should commit to this project and get it done as we said we
would.
Moved by John Hamilton, seconded by Phil Zietlow, to open up the public hearing. Motion
passed unanimously.
Glenn Cook updated the council on information concerning the feasibility of paving Chippewa
from Mohawk east to Arrowhead and Arrowhead south to TH55. He said the cost of the project
is dependent upon the amount of fill required for the low areas of the road. Their initial cost
estimate was $416,000. He said one of the issues of paving Chippewa east is that it would
lower the warrants for a signal light at Willow. This would make it less likely for a signal to be
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June 1, 1999
97
installed by the state at that intersection. He said the signal project had been discussed with the
businesses at that intersection during the past year.
Bruce Workman asked what warrants the signal currently met.
Glenn Cook said they recently put together a signal justification report (SJR) which showed that
it met warrants two and nine or eleven. Two being a major warrant and nine or eleven being a
minor one. He said these projections were based upon traffic flows. If Chippewa east was built,
the traffic flows at that intersection would be reduced and not justify a light.
Cook said when traffic on gravel roads has exceeded 300 cars per day the city has used that as
a standard for paving them. He said based upon the additional traffic from Polaris, Chippewa
Road would then exceed the 300 cars per day standard.
Glenn Cook said they looked at three options. One was to do nothing. That would require
Polaris to create a turn lane at Mohawk and may create a bigger safety concern at the
intersection of Mohawk and TH 55. The second option was upgrading Chippewa Road all the
way over to Arrowhead. He said this would not change the traffic issues on the eastern portion
of Chippewa since W.G. Anderson and M & P Utilities would go across Chippewa to Arrowhead
keeping the amount of traffic on Chippewa the same or slightly increasing it. The third option
was to do what the city originally proposed which was pave Chippewa west of Mohawk to
Willow. This would give the city its best opportunity for a signal at Willow and TH 55.
Jim Dillman said the cost of residential assessments if the entire project was done would be
$5,500 per residential unit, an increase of $1,000 from the current proposal.
Bruce Workman, 2212 Chippewa Road, said he had been following this project very closely. He
said he had several key points. He said none of the residents on the road have asked for the
road, have complained about the road, would like the road or want to pay for the road.
Workman said the city has always been fair with its residents and he is not aware of any road
that was paved where none of the residents wanted the road paved. He was also not aware
that there had been a vote guaranteeing this road for Polaris.
Ferris said that no one guaranteed the road, however, the city did make this road its number
one priority.
Workman said the estimated tax revenue for the city from Polaris was between $50,000 and
$60,000. He said the city should use that additional money to solve the problem of paving the
road to the east. He said as a planning commission member he did not speak against the
Polaris project. However, he is on the other side of the fence now and wants the city to be fair
and to consider the option of paving Chippewa east and to the west of Mohawk.
Glenn Cook said the city does plan to eventually pave that section of Chippewa.
Bruce Workman said that paving Chippewa Road to the west of Mohawk does not guarantee
that a signal light will be placed at the intersection of Willow and TH 55.
Jim Johnson said that the residents along Chippewa have always been aware that the property
to the south of them was zoned commercial/industrial. He said the paving of this road is being
done because of the development of commercial property. However, it also benefits the
residents.
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Phil Zietlow said the basis for paving Chippewa Road to the east or west of Mohawk depends
on whether or not it made sense to do that. It may or may not.
There was significant amount of discussion about the potential for the stop light at Willow and
TH 55.
Glenn Cook said that the comprehensive plan has always called for a stop light at this
intersection. He said recently they met with businesses at that intersection including, QX,
Temroc, Walter G. Anderson, and others about their concerns and their desire to have a stop
light at that intersection.
He said that if Chippewa was paved all the way over to Arrowhead, it would probably be a long
time, 10 years or more, before a stop light would be placed at that intersection. He said this
would not benefit those businesses on the south side of TH 55.
John Hamilton said it sounds like option number one is not an option. Doing nothing is not
something that the city council is willing to do. The other two options would be paving
Chippewa west from Mohawk to Willow or paving Chippewa all the way over to Arrowhead.
Marlene Scherber, 2120 Chippewa Road, said it was unfair that residents are caught up in a
commercial development problem.
Bruce Workman said the residents did not create this problem, the commercial development did
and it should be their problem to rectify.
Jim Johnson said that the residents are only paying a residential road assessment. The
majority of the burden of the roadway is not being placed on the residents.
Someone asked how much it would cost for the signal and related intersection improvements at
Willow and TH 55.
Glenn Cook said that initial estimates were around $600,000.
Bruce Workman asked how long it would be until the stoplight would be in place.
Glenn Cook said that they would apply in July 2000 for funding in 2001.
There was some additional discussion about when the city would know or have a better idea.
Glenn Cook said they may have some additional information about whether or not it will be
feasible next year based on MnDOT's review of their signal justification request for this year.
Bill Cavanaugh, 2015 Aquila Ave., Golden Valley, said that he was not interested in paying for
the road. He said he did not want the road to the east at this time. All he wanted was the road
to be upgraded to the point where it was when he first purchased the property.
Rayburn Roy, 1952 Chippewa Road, expressed his concerns about the road project and asked
how much he would be assessed.
Cook said that he would be assessed for one residential unit.
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June 1, 1999
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He said he had 80 acres and was concerned that he would only get one residential assessment.
He said that the road was only a two -rod road and that the city would need to acquire more right
of way in order to do the project.
After some further discussion, the council and residents in attendance discussed the importance
of MnDOT's reaction to the signal justification request.
If MnDOT felt the request was not likely to be approved with in the next few years then more
consideration should would be given to paving Chippewa Road east to Arrowhead.
Moved by John Hamilton, seconded by Phil Zietlow, to continue the public hearing on July 6,
1999 with the purpose of hearing more about MnDOT's reaction to the signal justification
request. Motion passed unanimously.
8. Foxberry Farms 6th Addition
Loren Kohnen said that staff had reviewed the final plat for Foxberry 6th and recommended
approval. He said there are seventeen lots with three outlots.
Marc Anderson, Lundgren Brothers, said this was the last addition to the Foxberry Farm
development. He said this addition was a little different than the other additions. They
minimized the impact along the border between the residential and commercial zones in two
ways: acquiring a 30-foot easement from the Juberts for the installation of a berm, increasing
the setback of the homes abutting the commercial/industrial area.
John Hamilton asked if Lundgren would let new prospective buyers know that the property to
the soi.i}h was zoned for commercial use.
Marc Anderson said they go to the "nth" degree to notify people about these types of conditions.
He said that new buyers sign a disclaimer that says that they realize the land is guided for
commercial/industrial use.
Bill Ciora, 915 Sunset Court, said when they signed that disclaimer it was with 20 other
documents at closing and included in that disclaimer was a stipulation that the Rolling Green
Golf Course could one day be rezoned. He said the disclaimers were not as obvious as Mr.
Anderson is letting council believe.
Marc Anderson said as they are working on any development they try to make the disclaimers
clearer and better as they go along. He said for example in the new disclaimer they are making
sure that residents know that Lundgren Bros. does not control the level of Lake Medina.
Phil Zietlow asked how high the berm would be between the commercial/industrial property and
the residential property.
Marc Anderson said that it would vary between 16 feet and 3 to 4 feet and would be around 30
feet wide.
Jim Dillman said that there is going to be a little bit different arrangement for street lights in the
6th Addition.
Batty said that could be worked out as a part of the developer agreement.
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June 1, 1999
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Moved by Jim Johnson, seconded by Phil Zietlow, to direct the city attorney to draft a resolution
approving the final plat for Foxberry Farms 6th Addition. Motion passed unanimously.
9. Squad Replacement
Ed Belland said currently they have three squad cars that are being used for patrol on a daily
basis. Of these, two are approaching 100,000 miles. He said that both of these squads are
reaching a point where major repairs will be needed. He said that Superior has four extra 1999
models on order that would be available in June. He said after 2000 the cost will be
approximately 1 % higher than it is currently.
He said he would like to replace the squads when they are around 100,000. He said the last
squad car, with a cracked windshield, was sold to a taxi company for $3,800. He said squads
with approximately 100,000 miles on them usually sell between $4,000 and $5,000.
Ed said that he had spoken with John Hamilton before the meeting and John had expressed
concerns about the lack of a capital improvement program. He said he would be developing
one but basically they would need to replace two squads in 1999, one squad in the year 2000
and two squads every year thereafter.
Moved by Jim Johnson, seconded by John Hamilton to approve the replacement of the two
squads when practical, with funds from the equipment fund. Motion passed unanimously.
10. Appeal
Ed Belland said that Steve Tallen asked him a while ago whether or not he should proceed with
an appeal concerning a plea bargain agreement that was reversed by a judge.
Belland said a gentleman was caught speeding and driving on a suspended license. He said
Tallen had made a plea bargain with the defendant that he would plead guilty to the driving after
suspension and the city would drop the speeding charge. When this was brought before the
judge the judge allowed the person to plead guilty to the speeding and dropped the driving after
suspension charge.
Steve Tallen appealed the judge's ruling based on the fact that the prosecutor is the one that
should conduct the plea negotiations and not the judge. Tallen saw this incident as having
greater implications.
Ed Belland said at the time he told Tallen to proceed, the defendant was not represented by an
attorney and Tallen believed he could proceed with a fairly low cost appeal. However, since
that time the defendant hired an attorney. This increased the cost of this appeal to around
$2,000.
After some discussion the consensus of the city council was to ask Tallen not to proceed with
this appeal.
They thought it would not have a large impact on the judicial system. Belland was to contact
Tallen to see if withdrawing the appeal was still possible.
11. Special Use Permit for Inn Kahoots
Moved by Jim Johnson, seconded by Phil Zietlow, to approve the special use permit.
Motion passed unanimously.
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June 1, 1999
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12. Resolution 99-37 Authorizing City Clerk -Treasurer to Invest
Moved by Jim Johnson, seconded by John Hamilton, to approve resolution. Motion passed
unanimously.
13. 1999 Budget
Paul Robinson passed out copies of the 1999 Budget. Robinson said this budget document
included the final 1998 numbers. He said that this would give the city council additional time to
review the 1998 figures before the audit presentation at the next council meeting.
He said he wanted to touch on a few issues in the 1998 year end numbers. Robinson said
there was significant increase in court fines based on the additional activity from the police
department. He said 1997 court fines were $47,000 and last year's were $91,346 an increase
of $44,346.
Robinson said another item that may catch the council's attention was the increase in building
permits. He said total building permits related revenue was around $300,000. He said this also
increased the expenditure for inspections.
Robinson pointed out a couple of additional items. He said the building inspection line item was
wrong. He said the total cost for building inspections in 1998 was $167,285.
14. Resolution 99-38 for Participation in the Logis Health Care Group
Moved by John Hamilton, seconded by Phil Zietlow, to approve the resolution. Motion passed
unanimously.
15. Purchase of the Computer Server
Paul Robinson said he ordered a new computer server for the city. $6,500 had been budgeted
for the server. He said is was going to cost a couple hundred dollars less than that. He said
this will allow them to install a number of the year 2000 compliant programs and should increase
the speed of the city's network as well as take care of a number of the backup and security
issues.
16. Resolution 99-39 for Participation in the CDBG Program
Moved by Jim Johnson, seconded by John Ferris, to approve the resolution. Motion passed
unanimously.
17. Approval to Pay the Bills
Moved by Phil Zietlow, seconded by John Hamilton, to approve the bills, order check numbers
19720-19759 for $92,121.37, and payroll check numbers 16120-16140 for $15, 454.75. Motion
passed unanimously.
18. Adjournment
Moved by Jim Johnson, seconded by John Hamilton, to adjourn the meeting at 9:56 p.m.
Motion passed unanimously.
fiv?O
. Ferris, ayor
Att
Paul Robinson, City Clerk -Treasurer
Medina City Council Meeting Minutes
June 1, 1999
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Medina City Council Meeting Minutes
June 1, 1999
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ORDER CHECKS — JUNE 1, 1999
Great West Life Assurance $ 882.00
Minnesota Mutual 275.00
Minnesota State Treasurer 155.00
P.E. R.A. 3,320.35
Canadian Pacific 1,000.00
All Steel Products 5,896.37 fl-A3^ ° S
Earl F. Anderson 292.62
Biffs, Inc. 572.90
Bonestroo, Rosene, Anderlik 13,706.42
Bryan Rock 8,364.21
David Christianson 600.00
Classic Cleaning 191.70
Delta Dental 805.65 )
E-Z-Recycling 2,473.02
Rolf Erickson Enterprises, Inc 2,930.78
Gopher State One Call 176.75
Government Training Service. 107.00
Hamel Fire
Lawson Products
Legran Homes.
Loretto Fire
Maple Plain Fire Dept.
MCFOA
Medica Choice 6,855.17
Metrocall 58.05
Minnegasco 33.69
Northern States Power 1,911.18
Northwest Suburban Chamber 400.00
Randy's Sanitation 2,127.99
Schmidt Curb Co. 1,609.50
Steve Schmit Plumbing 65.00
Streicher's 462.81 ,,A ���II.'1..
Tight Rope 2,800.00f'^f^klf1"
U.S. West Communications 493.62
Unum 77.50
USPS 500.00
Cec Vieau 62.71
Wright -Hennepin Electric 1,229.51
Zep Manufacturing 94.16
17,960.25 v I"
151.46 ��.j of-t °
3,195.75
9,384.50
838.75
60.00
$ 92,121.37
%'"`' 0
Medina City Council Meeting Minutes
June 1,1999
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PAYROLL CHECKS — MAY 24, 1999
16120 John A. Hamilton 138.52
16121 Carolyn A. Smith 138.52
16122 John B. Ferris 207.79
16123 Philip K. Zietlow 138.52
16124 James R. Johnson 138.52
16125 Paul A. Robinson 940.39
16126 Steven T. Scherer 1,032.60
16127 Christopher R. McGill 953.66
16128 Michael J. Rouillard 611.00
16129 Scott W. Kroeger 1,126.75
16130 James D. Dil!man 1,279.52
16131 Robert P. Dressel 940.55
16132 Edgar J. Be!land 1,679.79
16133 Martha C. Lundell 221.15
16134 Cecilia M. Vieau 847.39
16135 Laura L. Sulander 981.66
16136 Sandra L. Larson 787.71
16137 Jon D. Priem 1,172.99
16138 Judd J. Harper 243.35
16139 Jeremy L. Christenson 835.59
16140 James Nystrom 1,038.78
$15,454.75
Medina City Council Meeting Minutes
June 1, 1999