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HomeMy Public PortalAbout06/02/98 CCM121 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 2, 1998 The City Council of Medina, Minnesota met in regular session on June 2, 1998 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, Johnson, and Thies. Members absent: None. Also present: Police Chief Ed Belland, Public Works Director Jim Dillman, Zoning Administrator Loren Kohnen, City Engineer Glenn Cook, and City Clerk -Treasurer Paul Robinson. 1. Approval of the Agenda There were six items added: A. Recycling Bins B. Dock License at Independence Beach Park C. Approval of 101 Watermain Bids D. Dam at Lake Medina E. Flagship Final Plat F. Use of Hackamore Road for Fifth Addition Moved by Jim Johnson, seconded by Ann Thies, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from May 19, 1998 First correction was on page 3 paragraph 4 in the sentence starting "...with 5,000 more kids addicted to cigarettes" adding "in Minnesota...." the next sentence should read, "he said half of the kids who are smoking cigarettes underage are smoking stolen cigarettes." Same page, comments from Ramona Steadman, after Communities in Collaboration add "Council" and capitalize name. Page 9, item number 23, second paragraph, change termination to determination and add to the end of the sentence, "...listed as one of the conditions." Page 11, paragraph 4, last sentence, add "...Jim Dillman's feedback, on the issue of modifying current development regulations to save trees." Moved by Jim Johnson, seconded by Phil Zietlow, to approve the minutes as amended. Motion passed unanimously. 3. Consent Agenda A. Resolution 98-26 Granting Preliminary Plat Approval for Flagship Industrial Park. B. Resolution 98-27 Approving Publishing of Tobacco Ordinance by Title and Summary. C. Approval to Use City Auditing Firm to Complete 1996 and 1997 Tax Increment Financing Reports. Moved by Jim Johnson, seconded by John Hamilton, to approve the consent agenda as presented. Motion passed unanimously. Medina City Council Meeting Minutes June 2, 1998 122 4. Comments from Residents in Attendance on Items Not on the Agenda There were none. 5. Park Commission Comments Jim Johnson said that the new fencing was being installed around the ballfield. 6. Planning Commission Comments There were none. 7. Regency Estates Loren Kohnen said he reviewed the proposal. He said a $5,000 park dedication fee would be required before a building permit would be issued. The final plat was in compliance and they carried through the same conditions and regulations as included in the Foxberry Farms development. He said that this project was ready to start. Moved by Jim Johnson, seconded by Ann Thies to direct staff to draft a resolution for final plat approval. Motion passed unanimously. OLD BUSINESS 8. Billboard on Highway 55 Loren Kohnen said, at the last meeting, he asked if the council wanted to enforce the sign ordinance and not allow a billboard, damaged during the storm, to be rebuilt. Kohnen said he stopped work on the billboard. He said he received a letter from the owners stating they believed the billboard was not 50% damaged and should be allowed to be rebuilt. Kohnen said he would like approval to hire a structural engineer for $350 to make a formal determination. Kohnen said that he talked to the city attorney about this issue, and he recommended hiring a structural engineer for $350. He said Ron Batty said if this issue does get litigated it could cost the city around $5,000. There was some discussion about the current damage, the front of the billboard had been blown off, and a couple of the poles had been damaged. John Ferris asked if it was over 50%. Loren Kohnen said in his opinion that it was, however, the owners are contesting that. There was some discussion about signs in the area and what to do next about the damaged sign. Moved by Ann Thies, seconded by Jim Johnson, to approve $350 for a structural engineer to make a determination if the billboard was more than 50% damaged during the storm. Motion passed unanimously. Medina City Council Meeting Minutes June 2, 1998 123 9. Information on Utility Vehicle Ed Belland said the police department was currently using a 1987 Ford Ranger pickup truck as its utility vehicle. He said the police department acquired this vehicle as a part of a DWI arrest and has been using it ever since. He said he would like to use the current CSO vehicle as a patrol vehicle and use a new utility vehicle as a CSO vehicle and also as a squad for inclement weather and other conditions needing four wheel drive. Belland said most of the departments in the area have four wheel drive vehicles available for patrol and emergency purposes. There was some discussion about what trucks were available on the state contract. John Ferris asked what the chief was asking the city council for this evening. Ed Belland said that he wanted to investigate the costs of purchasing a utility vehicle. The city council was in favor of the police chief acquiring information on the purchase of a utility vehicle. 10. Generators Jim Dillman said, as indicated in his memo, that during the recent wind storm the electricity was lost to all of the city's wells, lift stations, and buildings. He said during the storm they had a number of problems with one of the city's generators. They were not able to switch it back and forth from 240 volts to 480 volts. Because of this they were unable to keep the Independence Beach well house sufficiently powered. He said, in this instance, they were able to use the city of Independence's generator. He said the city cannot rely on using the city of Independence's generator. Dillman said this particular problem was one of the city's biggest risks. He said the Independence Beach water system is based on pressure. Release of a portion of that pressure could suck in contaminants into the water supply. There was discussion on the different generators the city owns and their uses. Ann Thies asked about the $8,000 and $4,000 amounts included in the memo for additional hookups. Jim Dillman said $8,000 would be for a generator connection at Hamel Well #4. He said this currently had no connection or backup generator capability. The $4,000 was for a generator connection at city hall. There was some discussion about the risk involved. There was some hesitancy on the council's part because of the relatively low risk for contamination versus the cost for a new generator. The direction of the council was to have the public works director continue to look for options that may be cheaper for resolving this problem. 11. Metropolitan Council Environmental Services(MCES) Inflow and Infiltration()&I) Grant Jim Dillman said that the city council approved the MCES l&I grant for repair to the Hamel sanitary sewer system. He said that this project would cost around $100,000. The loan amount was for $40,000, which will be forgiven if the repairs reduce the I&I by the proposed amount. He said he needed the mayor's and clerk's signature on this document. Medina City Council Meeting Minutes June 2, 1998 124 12. Mohawk Drive Jim Dillman said he received all of the petition and waiver agreements except for Bill Cavanaugh's property. He said Mr. Cavanaugh was in attendance this evening and had some interest in spreading his assessments over a number of parcels on his property. Mr. Cavanaugh said when his property was originally purchased it was split into 10 parcels with 10 separate deeds. There was some discussion about this. There was some confusion about exactly where the splits were and what properties would be associated with the Mohawk Drive project. Jim Dillman said that Mr. Cavanaugh was in favor of the project, however, he would like the assessments spread amongst the parcels that would receive benefit from Mohawk Drive. City staff was directed to work with Mr. Cavanaugh to figure out which assessments would go to which parcel, and how the parcels were delineated. 13. 101 Watermain Bid Glenn Cook said bids were received for the 101 water main project and the low bidder was Kuechle Underground, Inc. He said they had worked with this firm before and they have a good reputation. The low bid was $135,245.00. Glenn Cook recommended approval of the bid. Moved by Jim Johnson, seconded by John Hamilton, to approve Resolution 98-28 awarding 101 watermain installation bid. Motion passed unanimously. 14. Rezoning and Preliminary and Final Subdivision for Tracy and Sharon Johnson, 4385 Co. Rd. 116 Loren Kohnen said Tracy and Sharon Johnson were requesting to rezone their property from rural residential to suburban residential. He said this was consistent with the city's comprehensive plan and adjoins an area with similar zoning. He said the two proposed lots meet the minimum 30,000 square foot lot area required. He said that staff recommended approval of the rezoning with two conditions. One, the driveway be paved when construction of the house on lot one was completed. Two, that two 2 '/2 inch trees be provided on each lot with the completion of the house on lot one. He also said the Johnson's were applying to subdivide their existing homesite at 4385 Co. Rd. 116 into two parcels. He said this subdivision was planned for when Lundgren Brothers developed Foxberry Farms. He said access to Fox Path Court was provided and utilities are also available for both parcels. He said that additional information is included from the public works director and the city engineer. Loren Kohnen read the conditions from the planning commission and said the planning commission recommended approval of the rezoning and subdivision with some additional conditions. There was some discussion about the water and sewer main. Glenn Cook estimated that it would cost around $10,000 to $12,000 to serve the properties. Medina City Council Meeting Minutes June 2, 1998 125 Tracy Johnson said he had some questions about the sewer and water assessments. He thought that since the sewer was there as a part of the Foxberry Development, there wouldn't be an additional assessment and that the city would run the water main to his property. Glenn Cook said there wouldn't be the same kind of assessment as for Foxberry, but that the property owner would have to provide a sewer and water main to the property. The water main to their property would provide a looping of the system which would provide a benefit to the area, but Mr. Johnson would still have to pay for the mains. Cook said that running the mains to this property would still cost less than the amounts assessed to the Foxberry properties. Moved by Jim Johnson, seconded by John Hamilton, to direct staff to draft a resolution approving the rezoning and subdivision including condition number 5 that recommended a six inch water main to loop the water system. Motion passed unanimously. 15. Elevation of the Dam for Lake Medina Glenn Cook said the city had a request from Lundgren Brothers to raise the level of Lake Medina by around a foot and a half by placing a dam at the outlet to the lake. He said that Lundgren Bros., the Department of Natural Resources, and city staff were in agreement on construction of the dam. He said, however, that the city would probably need to hold a public hearing in order to get the comments from other property owners in the area. He said some property owners had previously expressed concerns about the lake level. There were some concerns that the current lake level was significantly higher than its natural level. Jim Dillman said that because of beavers and the floating bog, the outlet backs up and the lake level rises. He said that a dam would give the city more control over the lake level and eliminate these fluctuations due to other causes. Phil Zietlow asked who would pay for this dam. Glenn Cook said that Lundgren Brothers would pay for the dam. Phil Zietlow asked if there was a public hearing would the upstream landowners be notified. Glenn Cook said that yes, that would be the case. Jim Johnson said he had concerns about it, but was willing to hold a public hearing in order to talk about this issue further. Loren Kohnen said, when appropriate, that the DNR would like a letter stating the city consented with the raising of the lake level. Moved by Phil Zietlow, seconded by Ann Thies, to approve a public hearing on this issue for the July 21, 1998 city council meeting. Motion passed unanimously. Medina City Council Meeting Minutes June 2, 1998 126 16. Flagship Properties Final Approval Loren Kohnen said he spoke with Ron Batty, and he said he was drafting the preliminary plat resolution and would soon have the information ready for the final plat resolution. Kohnen said because of the short construction season, Flagship would like to begin construction as soon as possible. Kohnen said that Batty would be able to draft the final plat resolution if the city council authorized him to do that. Moved by Jim Johnson, seconded by John Hamilton, to approve drafting of the final plat resolution for Flagship Properties. Motion passed unanimously. 17. Use of Hackamore Road Loren Kohnen said Lundgren Brothers would like to do the final overlay on the first through fourth subdivisions. This would involve resetting the manholes, etc. To do this they would like to use Hackamore Road to finish developing the fourth and fifth additions. There was some discussion about this. Jim Dillman said the portion of the road that would be bearing the most weight belongs to the city of Corcoran. He said they would need to contact the city of Corcoran for approval. Lundgren Brothers was directed to contact the city of Corcoran. 18. 1997 City Audit Dave Hinnenkamp of Kern, DeWenter and Viere, presented the 1997 Audit. He said overall the city was in a good financial condition. He reviewed some of the changes from 1996 to 1997. He went over several of the financial highlights. He said that currently the fund balance in the general fund was $1,371,267. Of this amount, $808,000 was devoted to workingicapital. He said that the working capital figure was 50% of the current budget with expenditures and revenues backed out that offset each other. He said, currently, the city has $563,000 undesignated in the general fund and that they are in good shape. Jim Johnson asked if the city council was trying to work down the general fund balance. Paul Robinson stated that a large portion of the undesignated fund balance would be used over the next several years to offset shortfalls in several of the debt service funds. Dave Hinnenkamp pointed out that the revenues from permits were significantly larger for 1997 than 1996. He said this was from the $80,000 permit for the Hennepin County Public Works Facility. He reviewed the water and sewer funds. The most significant change was the re-evalu tion of the depreciation schedule. He said that he met with city staff to redo the lives for the assets in these funds. He said the depreciation schedule did not significantly change for the water fund but did for the sewer fund. Because of this, the sewer fund, which was operating at a IOss, was now adding to its retained earnings. He said basically the water and sewer funds were paying for themselves and there would be no need for a rate adjustment at this time. Medina City Council Meeting Minutes June 2, 1998 127 There was discussion about issues listed in the management letter. Jim Johnson said every year several of the same statements are made. He asked about the lack of a fixed asset records for the general fund. Dave Hinnenkamp said they were required to put that statement in the letter. He said most cities do not have detailed fixed asset records for their general funds. Hinnenkamp said by the year 2000 cities may be required to restate their financial statements using full accrual accounting. He said this could have a significant impact on cities' accounting systems and methods. He said we will need to see whether or not that comes to fruition. John Ferris thanked Dave Hinnenkamp. He said that KDV was doing a good job, and appreciated their work. 19. Recycling Container Paul Robinson said in the near future the city would need to order additional recycling bins. He said Amelia Kroeger was looking into a larger bin and found some bins that were larger and cost significantly less than the city's current bins. He showed the two examples. There was some preference for the larger of the two bins. 20. Independence Beach Dock License Paul Robinson said a request was made for approval of a dock license at the Independence Beach Park. Robinson said this was the same license approved in previous years. Moved by John Hamilton, seconded by Jim Johnson, to approve the dock license. Motion passed unanimously. 21. Charitable Gambling Ordinance John Ferris said this ordinance affects a number of people, organizations, and businesses in the city. The city council needs to be very careful when addressing this ordinance so as not to adversely affect the organizations and businesses in the city. There was some discussion about what the city could statutorily regulate. Paul Robinson said he included in his memo three areas the city could regulate based on the state statutes. He said the city could restrict eligibility for gambling licenses to local organizations. The city could also restrict the use of gambling proceeds by requiring an organization to make a specific expenditure with 10% of its nets profits from gambling. The city could manage this 10% amount. The city could also require an organization to spend all or a portion of its revenue on purposes located within a city's trade area. Robinson said in the ordinance attached from Long Lake, they required that 50% of the revenues be spent within the trade area, which it designated as its entire city. Robinson said the final option for the city council would be to prohibit lawful gambling altogether. There was some discussion about where pull -tabs were currently located in the city. They were the Hamel Fire Department at Inn Kahoots, the Hamel Lions at the Medina Ballroom, and the Loretto Fire Department at the Big Woods Saloon. Medina City Council Meeting Minutes June 2, 1998 128 Jim Johnson said he would like a certain portion of the proceeds from gambling to be required to stay within the community. He said that there was some interest in protecting the current organizations that have pull -tabs at local businesses. Jim Johnson said this was an excellent fund raiser for local groups. After some discussion the city council thought the Long Lake ordinance would be a good framework to start with when drafting its ordinance. Keeping the portion of Long Lake's ordinance that requires 50% of the proceeds remain in the community and eliminating the 10% dedicated to the city. There was some discussion about organizations within the city that would like to spend a portion of their revenue outside of the city. Paul Robinson said Dorothy Anderson said the Lions contributed to a number of causes outside the city such as for seeing eye dogs. Jim Johnson passed out a spreadsheet with an explanation of the current charitable expenditures for the Lions Club. Robinson said if the city were to restrict gambling to local organizations that would affect the Loretto Fire Department. There was some discussion about adding the city of Loretto as part of the city's trade area and possibly consider them a local organization. 22. Pay the Bills Phil Zietlow asked if the payment for the portable toilets was for the parks. Jim Dillman said, yes, they were. Phil Zietlow asked why the city was paying for two separate health insurance policies. Paul Robinson stated that the city offers two separate policies, one with Health Partners, and the other with Medica. Moved by Jim Johnson, seconded by John Hamilton, to approve the bills, order check numbers 18461-18507 for $46,278.01, and payroll check numbers 15648-15661 for $13,282.82. Motion passed unanimously. 23. Adjournment Moved by Ann Thies, seconded by Jim Johnson, to adjourn the meeting at 9:10 p.m. Motion passed unanimously. John B. Ferris, Mayor Paul Robinson, City Clerk -Treasurer Medina City Council Meeting Minutes June 2, 1998 129 ORDER CHECKS — JUNE 2, 1998 18461 Great West Life $ 950.00 18462 Minnesota Mutual 205.00 18463 Minnesota State Retirement 130.00 18464 A T & T Wireless Services 45.06 18465 Air Touch Cellular 14.02 18466 American Linen Supply 46.66 18467 Bayside Floral 59.64 18468 B iff's, Inc. 577.43 18469-70 Bonestroo, Rosene, Anderlik 2,662.95 18471 Bryan Rock Products 1,017.98 18472 Budget Printing 409.29 18473 Chem -Sol, Inc. 79.95 18474 Classic Cleaning 191.70 18475 Davies Water Equipment 127.27 18476 Delta Dental 714.05 18477 E-Z-Recycling 2,364.12 18478 Rolf Erickson Ent., Inc 2,704.56 18479 ESS Bros. & Sons, Inc. 298.20 18480 Goodin Co 47.30 18481 Grainger 285.61 18482 Healthpartners 2,260.87 18483 Hwy. 55 Rental 45.05 18484 Kennedy & Graven 5,273.58 18485 Edward Kraemer & Sons, Inc. 3,417.81 18486 Lake Business Supply 54.59 18487 LMCIT 5,000.00 18488 LMCIT 390.01 18489 Matrix Laser Care 126.74 18490 M C F OA 60.00 18491 Medica Choice 2,922.25 18492 Minn. City/Co. Management Assn 70.00 18493 Minnegasco 34.25 18494 Minnesota Dept. of Health 653.00 18495 MTI Distributing 135.63 18496 Northern States Power 3,065.06 18497 Northwest Suburban Chamber 225.00 18498 P.E.R.A. 3,071.67 18499 Postmaster 500.00 18500 Randy's Sanitation 2,262.95 18501 Ritz Camera Centers 12.84 Medina City Council Meeting Minutes June 2, 1998 130 ORDER CHECKS — JUNE 2, 1998 (CONT'D) 18502 Streicher's 180.59 18503 Superior Ford 1,835.46 18504 Surplus Services 758.00 18505 U.S. West Communications 460.97 18506 Unum 75.60 18507 Westside Wholesale Tire 455.30 $ 46,278.01 PAYROLL CHECKS —MAY 26, 1998 15648 Paul A. Robinson 925.76 15649 Steven T. Scherer 1,243.98 15650 Christopher R. McGill 927.30 15651 Michael J. Rouillard 543.20 15652 Scott W. Kroeger 1,119.09 15653 James D. Dillman 1,115.60 15654 Robert P. Dressel 965.76 15655 Edgar J. Belland 1,493.29 15656 Martha C. Lundell 268.82 15657 Cecilia M. Vieau 717.32 15658 Laura L. Sulander 930.97 15659 Sandra L. Larson 709.21 15660 Jon D. Priem 1,344.41 15661 Jeremy L. Christenson 978.11 $13,282.82 Medina City Council Meeting Minutes June 2, 1998