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HomeMy Public PortalAbout06/17/97 CCM127 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 17, 1997 The City Council of Medina, Minnesota met in regular session on June 17, 1997, at 7:30 p.m. in the City Council Chambers. Mayor John Ferris presided. Members present: John Ferris, John Hamilton, Jim Johnson, Ann Thies, and Phil Zietlow. Members absent: None. Also present: Public Works Director Jim Dillman, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, Police Chief Rick Rabenort, City Attorney Ron Batty, and City Clerk -Treasurer Paul Robinson. 1. Approval of the Agenda Moved by Ann Thies, seconded by Jim Johnson to adopt the published agenda with the following additions: A. Approval of signs for the Old Time Hennepin County Fair. B. Final approval for County Road 116 Sewer Piling Project. C. City Hall Addition. Item IV. C. was removed from the agenda. Motion passed unanimously. 2. Approval of the Minutes from the June 3, 1997 Regular City Council Meeting Moved by Jim Johnson, seconded by John Hamilton to approve the minutes with the following corrections: A. Page 6, item number 14, Ann Thies voted against the motion not for the motion. Motion passed unanimously. 3. Consent Agenda A. Resolution approving CUP for carwash for Randall Mayer/Mayer Mobil, 762 Hwy. 55. B. Resolution 97-20 approving a lot combination for Glen Lincoln Partners/John Day Company, Tower Drive. Ann Thies asked to have Item A. pulled from the consent agenda leaving Item B. Moved by Jim Johnson, seconded by Ann Thies to approve the consent agenda as amended. Motion passed unanimously. 4. Resolution 97-21 Approving CUP Amendment for Carwash for Randall Mayer/Mayer Mobil, 762 Hwy. 55 Ann Thies said that she was concerned that the city council had never resolved the issue with the lighting condition in the CUP. She asked what the council was going to do about this issue. Jim Johnson said that the wording may need to be redone but that Randy Mayer had volunteered to install deflectors on his lights to see if that would resolve this issue. Ann Thies asked Ron Batty why he had kept the same lighting language in the resolution. Medina City Council Meeting Minutes June 17, 1997 128 Ron Batty said inclusion of this condition was not meant as a comment on this issue. The city council approved the CUP with the planning commission's conditions. This was one of the conditions. Jim Johnson said that Randy Mayer was working on this issue. However, Johnson said he did not want lights shining out into the city and felt that the city council needed to address this issue. Ann Thies wanted to set a time that the city council could discuss this issue. She said that sooner would be better than later. At that time the city council can address whether or not the canopy is considered a box, if the lights are recessed or not, etc. Loren Kohnen said he would work on this issue and bring it back to the council at a later date. Moved by Jim Johnson, seconded by Ann Thies to approve resolution 97-21. Motion passed unanimously. 5. Park Commission Comments John Hamilton said he spoke with the Corcoran Jaycees and they were going to donate $2,500 for trees in the family picnic area. He said that Jim Dillman would take care of the trees. 6. Planning Commission Comments Bruce Workman, planning commission representative, said that the commission's last meeting was very interesting. He said that there was a full house of Cherry Hill Residents opposed to the development at CSAH 101 and TH 55. Their main concern was safety issues with the section of CSAH 101 north of TH 55 up to the Cherry Hill development. He said the planning commission agreed. Workman said the planning commission would like the city council to take a long look at safety issues in this area. Jim Johnson said that he met with Hennepin County representatives and city staff on this issue and both parties believed there were some safety considerations in this area. Johnson said he sensed a willingness from the county to work on resolving the safety issues on this stretch of road. 7. Renewal of Recycling Contract Ann Thies said her curiosity had not yet been satisfied and she would like more information and research done on this issue. Paul Robinson said he believed there was an out of the recycling contract if the city decided to bid out for service on their own. However, after re -reading the contract before the meeting he was not sure this was the case. Jim Dillman said that he had received some information from Carolyn Smith, and that he was still working on researching this issue. He said that they would be bidding out for garbage contracts effective April 1998 sometime before the end of the year. Medina City Council Meeting Minutes June 17, 1997 129 There was some interest expressed by the city council in bidding out for both garbage and recycling services, and staff was directed to research this issue and bring it back to the city council in one month. Moved by Phil Zietlow, seconded by Ann Thies, to table this issue for one month. Motion passed unanimously. 8. Discuss Request to Improve the Section of Co. Rd. 101 from State Trunk Highway 55 to Cherry Hill Development Jim Johnson said he met with city staff and representatives from Hennepin County about this issue. The County said the city council would need to pass a resolution in order for the County to look at improving CSAH 101. Phil Zietlow asked what were the chances of Hennepin County improving this intersection if the council passes this resolution. John Ferris said that there is no way to know. Ron Batty said that the county had made no representations as to whether or not they would complete the project. Loren Kohnen said that the proper way to address the County was to pass a resolution. The County would decide whether or not to take on this project. If so, they would begin looking for funds to complete the project. He said that the County said they would like to eventually improve this section of 101. Phil Zietlow asked if they were proposing to straighten and then soften the grade in this area. Loren Kohnen said yes. Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 97-22. Motion passed unanimously. 9. Minnehaha Creek Watershed District Update Shawn Gustafson said that he went to a meeting organized by the City of Minnetonka. This meeting was for cities within the Minnehaha Creek Watershed District who wanted to share some of their concerns about the district. Gustafson listed a number of the concerns from each city. He said that the City of Minnetonka would like to set up a steering committee of 4-5 people and would like to have members from each city, especially city councilmembers. He said that the Minnehaha Creek Watershed District set up a meeting on June 24 to review some of the District's rules. He said this task force would like to meet on June 23 before going to the watershed district meeting. Medina City Council Meeting Minutes June 17, 1997 130 There was some discussion about other problems and issues with the watershed district. Phil Zietlow said that he would go to the meeting. 10. Reconstruction of Wetlands - Foxberry Fourth Addition Loren Kohnen said that Foxberry Farms was preparing to alter some wetlands on the property. John Ferris asked if there were any problems with this. Loren Kohnen said staff had no issues with the reconstruction. 11. Land Alteration Permit for Enebak Construction Company Loren Kohnen said that Eneback Construction Co. wanted to move up to 38,000 cubic yards of clean fill from the Hennepin County Public Works Site to the Foxberry Farms development. The fill would be used for Foxberry 4th Addition. There was some discussion about the wear and tear on the city's roads. The main topic of discussion was about the time period in which hauling would be allowed. There was concern about adding to the traffic problems in the morning. Jim Johnson suggested that they restrict the time for hauling from 8:30 a.m. to 3:30 p.m. Monday through Friday and Phil Zietlow recommend going from 8:00 a.m. to 5:00 p.m. on Saturday. Moved by Jim Johnson, seconded by Phil Zietlow to approve the land alteration permit with the conditions recommend by the zoning administrator except amending the hours of hauling to 8:30 a.m. to 3:30 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturday. Motion passed unanimously. 12. Land Alteration Permit for St. Anne's Church Loren Kohnen showed the area to be filled in at St. Anne's Church on an overhead. Shawn Gustafson pointed out that the church would need some land from the railroad in order to fill in a large portion of the property. Jerry Dykhoff said they have received verbal approval from the railroad and are negotiating a purchase of a 30' x 610' parcel from the railroad. He said that the reason that they are doing this now is because of the large amounts of fill available in Plymouth. Loren Kohnen asked if they planned to extend the cemetery. Jerry Dykhoff said that it could be used for that, but that is not for sure the plan. Phil Zietlow asked how the city would document the quality of the roads before and after the project. Medina City Council Meeting Minutes June 17, 1997 131 Jim Dillman said that would be difficult. Dillman said most of the damage won't show up until a much later date. There was some discussion about taking pictures before and after the road hauling. Shawn Gustafson said they were requiring a $50,000 letter of credit in order to protect city's roads. There were a number of other conditions of the permit. The city council decided to wait and give St. Anne Church a bit more time to review the conditions of the permit. Moved by Phil Zietlow, seconded by Ann Thies, to table this issue to the next city council meeting. Motion passed unanimously. 13. Signs for the Hennepin County Old Time Fair Ann Thies said that she was tired of getting these requests late, that they need to be on time in the future. Moved by Jim Johnson, seconded by John Hamilton, to approve the signs for the Hennepin County Old Time Fair at the locations requested. Motion passed unanimously. 14. Resignation of Police Chief Rick Rabenort John Ferris said that Rick Rabenort had taken a position with the City of Red Wing to be their first ever public safety director. This includes over 100 employees in the police, fire and emergency vehicle departments of the city. It's a big move for Rick and a big job. He said he was sorry to see Rick go, but this was a good opportunity for Rick. Ferris said he viewed the Medina Police Department as a community police department. He said that community policing has been in vogue in the metropolitan area, but that in Medina that was the way Rick had always run the department. Ferris said that even though the per capita cost of police department was high it would be hard to run a department in such a large area with such a small and dispersed population any other manner. Ferris said that he has heard many positive comments about the Medina Police Department and thanked Rick for his service. John Ferris presented Rick Rabenort with a plaque thanking him for his years of service for the City of Medina. 15. Selection of an Interim Police Phil Zietlow said that the process to replace Rick will be difficult and take time. At this point he sees that the city will need an interim chief for three to six months. He recommended that Ed Belland be appointed as interim chief. Zietlow said that Belland had been taking management training, that he has a lot of good ideas, has been in the department for six years, and handles himself well. Moved by Phil Zietlow, seconded by John Hamilton, to approve Ed Belland as the interim chief. Motion passed unanimously. Medina City Council Meeting Minutes June 17, 1997 132 16. Hiring Process for Police Chief Phil Zietlow said that the next part of the process would be for the city council to decide whether or not to hire a search firm or to work on this in house. He suggested that the city council meet in a work session to discuss this issue. John Hamilton said that they should also discuss the expectations of the interim chief as well as the new chief. After some discussion, the city council decided to meet on Tuesday, June 24, 1997, for a special meeting at 7:00 p.m. Moved by Phil Zietlow, seconded by Ann Thies. Motion passed unanimously. 17. City Hall Addition Phil Zietlow said that he had just received a draft of the city hall addition plans. He said the cost estimate for the addition was $141,000. Zietlow said the architect did comment that construction costs could be higher right now because of the number of construction firms that are working in Grand Forks on flood related construction. Zietlow asked the city council for approval of the initial plans and for approval to direct the architect to draft the final designs by the July 1 meeting. Then the city could go out for bids in early July and start construction in August. There was some discussion on this issue. Since the city council had just received the plans they wanted more time to review them. The council added this issue to the special city council meeting agenda on June 24. 18. Gary Brummer Housing Development - TIF Request for H99tinq Development at the Old Drive In Theater Site Ron Batty said this was an initial presentation of a tax increment financing request. There were still a number of planning issues that would need to be brought to the planning commission but since the city council had never granted a residential tax increment financing district, staff felt that it would be good to bring this request, in a preliminary form, to the city council. The issue tonight is whether or not the city council would be interested in expanding the use of TIF to include housing districts. John Ferris said that the area for this proposal is not currently zoned for residential. There was some discussion and questions about what benefits this would bring to the city. The architect for Gary Brummer said that the proposed development would bring a frontage road through the property, in accordance with the comprehensive plan, which would make an area of land accessible for commercial properties along Highway 55. In addition, there would be an extension of a watermain that would bring additional side benefits. Medina City Council Meeting Minutes June 17, 1997 133 After some further discussion the consensus of the city council was that they would not look favorably to using tax increment financing for this housing project. 19. Tax Increment Financing Request from T.C. America/Jet Edge Paul Robinson said that he had talked with Mark Steingas, representative of T.C. America, Steingas did not realize he was going to be on the agenda this evening. Steingas said they were waiting until they received the lot combination before formally requesting tax increment financing. There was some discussion about the project in general and that the T.C. America would need to supply the required information to Ron Batty in order for the city to prepare a response to the tax increment financing request. John Ferris said that the parties ought to get their information together and bring this back to the city council when prepared. 20. Highway 101 Watermain Feasibility Report Shawn Gustafson presented the feasibility report. He pointed out a couple of changes to the report. One on page 2, the total cost should have been $116,600 and on the bottom of page 2 the number should have been $55,520. He said that the city council would need to approve the feasibility report in order to fulfill the requirements of the MN state statute before the city council holds its public hearing at the July 1 city council meeting. There was some discussion about whether or not the city council should have the public hearing and the timing of this issue. Their main concern was with the issue of improving the intersection of CSAH 101 and TH 55 and the section of CSAH 101 running up to the Cherry Hill development. The council discussed whether or not this issue should be taken care of first before the city installs a watermain along that road, especially if the road were to change alignment dramatically. Phil Zietlow asked if this would be a necessary project without the current development being requested by the Holiday gas station. Jim Dillman said that it would be a good candidate and that eventually it would be necessary to loop the watermain to provide sufficient backup water to the Cherry Hill Development. John Hamilton asked if this were in the city's capital improvement plan. Jim Dillman said that there was no mapped out capital improvement plan for the entire water system. There was some more discussion about how to proceed. The city council said that they may have prematurely ordered in the public hearing on this improvement. Medina C ty Council Meeting Minutes June 17, 1997 134 After some additional discussion it was decided that the city council should proceed with the public hearing and get the public's input. However, the council may decide to postpone the improvement project. Moved by Jim Johnson, seconded by John Hamilton to approve Resolution 97-23a approving CSAH 101 watermain feasibility report. Motion passed unanimously. 21. Tower Drive Storm Sewer Jim Dillman said he would like to see the city act as the contractor on this project. He said the project included placing a storm sewer along Tower Drive. Dillman said it should have been built when the development was first created and assessed at 100% at that time. However, that was not done. Dillman said he was proposing the city use its equipment and labor and be reimbursed by the three property owners for materials and supplies. He said this could be done in two ways. One would be through an agreement with the land owners in that area, and the second would be a waiver that would guarantee payment of the material. Ron Batty said that this would be a 429 project, not engineered, and that the petitioning parties would have to waive the hearing process by signing a waiver. This would remove the opportunity for them to challenge the assessment. He recommended this option because it gives the city council more certainty that they would be reimbursed for the costs involved. Jim Dillman said that he talked to the three property owners. John Hamilton asked how long this project would take. Jim Dillman said approximately three days. He said that he would work with Ron Batty to draft a petition and waiver agreement. Dillman asked the city council if he could take the material costs from the capital improvement fund. The consensus of the council was that he could do that. 22. Final Approval of the County 116 Sewer and Water Piling Project Shawn Gustafson said that this was the third and final payment. The work has been completed and ended up 1.89% over the contracted amount. John Ferris asked if the pipe was stable. Shawn Gustafson said that to his knowledge the pipe was in good shape. He said the city council would receive a two year warranty from time the final payment was approved. Moved by Ann Thies, seconded by Phil Zietlow to approve the final payment for this project. Motion passed unanimously. Medina City Council Meeting Minutes June 17, 1997 135 23. Tax Increment Financing (TIF) Policy Paul Robinson stated that the current TIF policy was from 1987 and during the past ten years there have been numerous changes to the TIF laws. He said that since the city had been receiving a number of requests for tax increment financing staff wanted to have the city council revisit this policy. Robinson said staff was looking for guidance and direction from the city council about where, for what purposes, and with what conditions the city council would approve of tax increment financing. There was some discussion on the policy. Consensus of the city council was to keep the city's options open and not rely too much on specific standards and rules but more of a general guideline. Ron Batty suggested that the city council continue with pay as you go financing as compared to bonding. He said that the city council's ultimate goal maybe stabilizing or promoting the city's tax base and not necessarily job creation. Another goal maybe the construction of public improvements. The City Clerk -Treasurer was directed to redraft the policy using broad general guidelines and represent the policy to the city council at a future meeting. 24. Tax Increment Financing Application Ron Batty said that there were two main pieces to this application. The one was a fee charged to applicants requesting TIF and the second was to require sufficient information from applicants for making a determination whether or not TIF should be offered. Paul Robinson said that this application would require the applicant's be serious about requesting TIF, thereby reducing the initial amount of staff time spent on TIF requests and minimize the number of requests for additional information. This would also ensure the city council receives sufficient information to make a determination whether or not to offer tax increment financing. Ann Thies asked if this was an initial draft or if it were in final form. Paul Robinson said that it was an initial draft. There was some discussion about charging a fee. Ron Batty suggested that the city charge $5,000. Moved by Phil Zietlow, seconded by John Ferris, that the city council apply a $5,000 application fee for those requesting tax increment financing. Motion passed unanimously. Robinson said he would work on a final draft of the application. 25. Local Performance Aid Paul Robinson passed out two forms, a form that the city had received earlier in the year and a form that was revised based on new legislation. He said that the local performance Medina City Council Meeting Minutes June 17, 1997 136 aid for 1998 would be around $4,500 and that the city council basically needed to use this money in order to reduce the cost of one of its services. Robinson said there were several areas in the budget where performance measurements could be used such as evaluating the city's fire contracts and that the stipulations in this form should be easy to fulfill. Moved by Ann Thies, seconded by Jim Johnson, to have John Ferris and Phil Zietlow sign the local performance aid form. Motion passed unanimously. 26. Approval of Liquor License Renewals Paul Robinson said that each year the city council approves the renewal of liquor licenses. He asked the city council for approval of the licenses contingent upon the completion of a background check by the police department, a site plan of each establishment, and a certificate of liquor liability insurance. Moved by Jim Johnson, seconded by Ann Thies, to approve the liquor licenses as submitted contingent upon completion of a background check by the police department, a site plan of each establishment, and a certificate of liquor liability insurance. Motion passed unanimously. 27. Approval of Dance Permit - Medina Ballroom Moved by Ann Thies, seconded by Phil Zietlow, to approve the dance permit for Medina Ballroom. Motion passed unanimously. 28. Approval to Pay the Bills Moved by Phil Zietlow, seconded by Ann Thies, to approve order check numbers #17197- 17258 , for $106,934.23, and payroll check numbers, #15255-15267 for $11,326.12. Motion passed unanimously. 29. Adjournment Moved by Jim Johnson, seconded by Ann Thies, to adjourn the meeting at 10:45 p.m. Motion passed unanimously. John B. Ferris, Mayer Paul Robinson, Clerk -Treasurer Medina City Council Meeting Minutes June 17, 1997 137 ORDER CHECKS - JUNE 17, 1997 17197 Air Touch Cellular $ 125.66 17198 Allstar Electric 141.38 17199 American Express 521.33 17200 B iff's 412.40 17201 Bonestroo, Rosene, Anderlik 15,536.47 17202 Bryan Rock Products 2,817.51 17203 Buffalo Bituminous. 4,286.07 17204 Case Credit 541.50 17205 Classic Cleaning.. 191.70 17206 Connelly Industrial 247.72 17207 Culligan 64.22 17208 Elm Creek Watershed 1,875.20 17209 ESS Brothers 164.01 17210 Feder's Prairie Seed 512.94 17211 Feed Rite Controls. 40.00 17212 Fortin Hardware. 78.76 17213 Genuine Parts 140.22 17214 Glenwood Inglewood 47.00 17215 Gopher State One Call. 117.25 17216 Grafix Shoppe 42.28 17217 Great West Life 750.00 17218 Hamel Building Center 2,439.48 17219 Hamel Fire Dept 16,447.30 17220 HealthPartners 2,076.61 17221 Hennepin County Sheriff 221.16 17222 Hennepin County Support 565.00 17223 Holiday 12.76 17224 Hwy. 55 Rental 47.93 17225 JR's Appliance 35.00 17226 Jimbo's Windows 292.88 17227 Lakeshore Weekly News 126.25 17228 Lametti & Sons 12,018.91 17229 Law Enforcement Labor Service 99.00 17230 Long Lake Fire Dept. 3,010.88 17231 Loretto Fire Dept. 8,485.50 17232 Lucent Technologies 13.30 17233 Maple Plain Fire Dept. 798.25 17234 Metro West Inspection 8,082.14 17235 Metropolitan Council (Treatment Chgs.) 8,806.00 17236 Metropolitan Council (SAC Charges) 940.50 17237 Minn Comm 38.60 17238 Minnesota City/Council Mgmt. Assn. 60.00 17239 Minnegasco 69.49 Medina City Council Meeting Minutes June 17, 1997 138 ORDER CHECKS - JUNE 17, 1997(CONT'D) 17240 Minnesota Dept. of Health 653.00 17241 Minnesota Mutual 193.00 17242 Minnesota State Retirement 117.00 17243 Mothers Motors/Loretto Towing 14.00 17244 MTI Distributing 52.76 17245 Northern States Power 72.04 17246 P.E. R.A. 2,465.37 17247 Postmaster 500.00 17248 Prairie Restorations 405.50 17249 Reynolds Welding 1,194.14 17250 Schmidt Curb Co 3,496.50 17251 Streicher's 78.06 17252 Twin City Water Clinic 20.00 17253 U.S. Filter 2,379.55 17254 Uniforms Unlimited 29.41 17255 Warning Lites 72.88 17256 West Hennepin Co. Pioneers 500.00 17257 Wright Hennepin Electric 1,274.32 17258 Wright Hennepin Security 76.14 $106,934.23 PAYROLL CHECKS - JUNE 17, 1997 15255 Paul A. Robinson 800.71 15256 Steven T. Scherer 904.65 15257 Richard R. Rabenort 1,237.51 15258 Michael J. Rouillard 460.46 15259 Scott W. Kroeger 934.64 15260 James D. Dillman 1,183.14 15261 Robert P. Dressel 925.54 15262 Edgar J. Belland 1,100.29 15263 Cecilia M. Vieau 666.18 15264 Laura L. Sulander 890.73 15265 Sandra L. Larson 747.99 15266 Jon D. Priem 980.36 15267 Jeffrey J. Weiler 493.92 $ 11,326.12 Medina City Council Meeting Minutes June 17, 1997