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HomeMy Public PortalAbout07/17/01 CCM167 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 17, 2001 The City Council of Medina, Minnesota met in regular session on July 17, 2001 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Lane, Smith, Workman, and Zietlow. Members absent: None. Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Tom Kellogg, Planning & Zoning Administrator Loren Kohnen, and Administrator Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Watershed commission background information. B. Hamel Water Update. C. Summer help request. D. Trail along County Road 19. Moved by Phil Zietlow, seconded by Jim Lane, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from July 3, 2001 Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the minutes of July 3, 2001, as presented. Motion passed unanimously. 3. Comments from Residents in Attendance on Items Not on the Agenda There were none. 4. Park Commission Comments There were none. 5. Planning Commission Comments Loren Kohnen said besides the regular agenda items, they would be working on the lighting ordinance at the next meeting. Kohnen said he met with some people regarding a 10-acre parcel owned by a church on Cox Trail. They would like to build there. 6. Consent Agenda A. Resolution 01-39 Approving the Preliminary 1A Layout for CR 101. B. Formalizing Date and Time for Special Meting with Park Commission. Moved by Phil Zietlow, seconded by Bruce Workman, to approve the consent agenda. Motion passed unanimously. 7. Public Hearing on the TH 55 and Willow Intersection Improvement Moved by Phil Zietlow, seconded by Bruce Workman, to open the public hearing. Motion passed unanimously. Tom Kellogg, the City Engineer, described the project. He said there will be a number of improvements to the intersection including a turn lane on Willow. There will also be an access restriction, right in, right out, only, on Mohawk as well as a number of other access closures. He Medina City Council Meeting Minutes July 17, 2001 168 said once the improvements are done, a signal will be installed at the intersection of Willow and TH 55. Kellogg described a map justifying the assessment. He said the assessment was broken up into two areas; a primary area and a secondary area. He said the primary area included all of those properties commercially zoned, in either in the Industrial Park Zone or in the Business Park Zone, that were within a half a mile or had their main access within a half a mile of the intersection of Willow and TH 55 and had direct access to the signal. He said the secondary area included all those properties zoned Business Park or Industrial Park that were completely within one mile of the intersection of TH 55 and Willow and whose primary access was greater than .75 miles. Kellogg said three deferment options were being proposed. Those developed properties within the primary and secondary area would have assessments run in years 1-5. Undeveloped properties within the primary assessment area will be allowed to defer their assessments for five years or until they are developed, whichever comes first. Undeveloped properties within the secondary area will be allowed to defer their assessments for ten years or until they are developed, whichever comes first. Homesteaded, owner occupied properties within the primary or secondary assessment areas will be allowed to defer their assessments until there is a change in use or homestead status, whichever comes first. All deferments will be with interest. Comments were opened up for those at the public hearing. Bill Cavanaugh said he did not agree with the assessment. He believed he should be outside of the assessment area. He said if Chippewa Road had been improved over the years as it should have been, his access would be to Arrowhead and TH 55 which is already signalized would be closer than his access to TH 55 and Willow. He did not believe he should be assessed for this project, that his property was outside of the scope and was only being assessed to accommodate Polaris. Ann Jackson, owner of Rockier Companies, said they are strongly in favor of this project, she said there are at least 1,000 employees who use this intersection, she said the existing businesses at this intersection pay over a million dollars a year in property taxes. She believed this was a very dangerous intersection, and since this area has been opened for sewered commercial development, this intersection will only become more dangerous in the future. She thought that the timing for this project was good and reiterated that she was strongly in favor of it. Dale Johnson of DMJ Corporation said he did not dispute the fact that there is a safety issue at the intersection of Willow and TH 55. He did not agree with the way the assessment had been distributed amongst the properties. He thought that Polaris was the driving force for this intersection. He said Polaris has increased the number of cars using this intersection by three to four hundred cars per day, they should be the ones to pay for it. He said he would have no problem with the assessment if he could see that his property would increase in value by that amount. He does not believe that his property has increased in value at all. His access onto TH 55 is being restricted to a right in, right out. He said he is prohibited from using Pioneer Trail to access the Willow and TH 55 intersection when the City posts the roads in the spring. Ron Batty said that market value increase would be based on the highest and best use of the property, as it would be developed under the current zoning ordinance of Business Park. Medina City Council Meeting Minutes July 17, 2001 169 Phil Zietlow said that the right in, right out restriction improves the safety of the road. He said there are 10,000 plus people who drive on TH 55 every day. He said it is unsafe to have trucks pulling out onto the highway, especially turning left. Dale Johnson said that he agrees with the restricted lane. His objection is with the assessment. Paul Bohnsack said that he submitted a written objection on behalf of the Lingen's at the previous hearing and wanted to know if he needed to supply that written objection once again at this hearing. Ron Batty said they will honor any written objection from the previous hearing. Dave Cavanaugh, speaking on behalf of Bill Cavanaugh's property, said that their property east of Mohawk is not creating the demand for this signal. He said it is based on the increase in traffic from the new development west of Mohawk. Phil Zietlow said this intersection has been a problem for a very long time. He said businesses in this area have requested, on a number of occasions, the installation of a signal at that intersection. He said a lot of the increase and traffic problems are not caused by development in Medina, but rather from development outside of Medina. He said that a friend of his was in a big accident in 1989 at that intersection. He said that intersection has been a problem for a very, very long time. He said the current development definitely has added to the amount of traffic, but has not caused the need, specifically, for the signal. What it has done is helped the City to get funding from MnDOT and the ability to place the signal there. Gerard Melgaard of Goodin Company said their business is on the southeast corner of Willow and TH 55. They strongly support this project. They believe it has been a problem for a long time, not just because of the traffic in Medina, but because of traffic coming from Rockford and Buffalo. Their company is very much in favor of the signal. Tom Gubbins said that he believed that his property was incorrectly designated. His property is west of Temroc Metals. He does not have, at this time, any direct access to the signal and based on the criteria that were used, his property should be placed in the secondary area. After some discussion ,the Council members agreed that his property should be placed in the secondary area. Dale Johnson said if he is going to be forced to use the Willow and TH 55 intersection as his main access, he would request that the City create the applicable portion of Pioneer Trail into a nine ton commercial road to eliminate the need for posting the roads in the spring. There was some additional discussion about the safety and how long this intersection has been a problem. Jim Lane said that he has lived there for 30 years, and that a dear friend of his was killed 25 years ago at this intersection. He believed that the problem with this intersection has been going on for a very, very long time and that every year we wait, we are allowing a problem to get worse. He believed that this signal needed to be moved forward as soon as possible. Medina City Council Meeting Minutes July 17, 2001 170 Bruce Workman said that it is very much like property tax where you pay property tax to send kids to school even though your children might not be going to school or are done with school, or you may not have kids at all. Moved by Carolyn Smith, seconded by Jim Lane, to close the public hearing. Motion passed unanimously. 8. Discussion on the Approval of the Assessment Roll John Ferris said there has been a problem with this intersection for a long time. He said it is clearly an issue of safety and it is very appropriate for the City to be pursuing this type of improvement. He said it is in the best interest of the City as a whole to go forward with the project. Bruce Workman said that he could see both sides of the issue. He is not necessarily thrilled about the project going in and the potential effect on his property, however, he believed that as a part of the public good, the signal would provide a safe intersection and, therefore, a benefit to the City. There was some discussion about how long Chippewa Road to the east of Mohawk had been impassable. Jim Dillman said that he believed that it has been closed since 1978. Paul Robinson said the cost of this project is being reduced to a significant degree by contributions from the State and the City. He said the State is contributing five hundred thousand of this million and a half dollar project, about 30%, and the City, with the use of tax increment financing dollars, is paying another 30%. Therefore, the City is only assessing 40% of the total cost of the project. Moved by Carolyn Smith, seconded by Bruce Workman, to approve Resolution 01-40 adopting the TH 55 and Willow intersection improvement assessment roll with the one change, placing the Gubbins property in the secondary area, thereby increasing the City's share. Motion passed unanimously. 9. Prairie Drive Jim Dillman said as a part of the Hennepin County PUD Agreement, they were to extend Prairie Drive to the westerly line of their property. The approved alignment of the road terminated at the Laurent property and was to continue along the Laurent property to the DMJ property and then connect with Pioneer Trail. He said they sent a letter to Hennepin County requesting them to extend their portion of Prairie Drive as required by the PUD agreement. He said because of the recent change in zoning, it may be better to look at a different termination point for Prairie Drive. Dillman said he talked to Hennepin County about this and came back with three options as shown on the map: leave the road as planned; eliminate most of the curves and go more into the Laurent property; or curve the road so that it matches up with the Laurent/DMJ property line. He said the County is willing to proceed with a different option than the one that was proposed, but they want the City to pick up any difference in cost, if the cost increases. Medina City Council Meeting Minutes July 17, 2001 171 After some discussion, the Council was interested in looking at the straight option, Option 2 that would go through the Laurent's property on the corner and would not take out as many of the woods. However, before considering this option, Council representatives would like to sit down with the Laurent's and talk to them about their willingness to have the City acquire that property. Bruce Workman and Jim Lane said they would sit down with Jim Dillman and the Laurent's to talk about this option. 10. Update on the Hamel Water Issues Jim Dillman said that Bonestroo did a study of the three wells in the Hamel area. He said Well #2 is a Franconian Well, Well #3 is a Fig Well and Well #4 is a Mt. Simon Hinckley Well. He said right now there are some issues with keeping up with the demand and with needing to mix or blend water from different wells in order to lower the amount of radon in the water. There was some discussion about whether or not we should set up a watering ban or odd/even water use days. Jim Dillman said sometimes that creates more of a problem. He said he has heard that even those who wouldn't water normally would be set up to water on the odd or even day to make sure that they get the use and this can actually increase the overall water usage. Jim Dillman discussed some of the costs of different options; putting in a new well may cost around $150,000 and the modifications to the wells may cost around $30,000 to $50,000. He said the total cost could actually range from $200,000-$225,000. He said at this point they are just moving forward with a study to see what options would be best to consider. There was some talk about needing additional wells since the well currently being considered is just a temporary fix. Jim Dillman said the City spent quite a bit of money a number of years ago looking for a well in the Hamel area and had a hard time finding any locations for a well. There was some discussion about how this well fit into the long term plans for water supply in the City and what the timeline was for this particular well. Jim Dillman said that he wanted to continue this study in October and then put the well in as soon as we can within six months to a year. There was some discussion about how much water a new well would provide. Jim Dillman said you do not know with a new well how much it will generate; it is by guess and by gosh. He said we do need to look at the long term plans, however, right now, the priority is to meet the safe drinking water standards and one of our wells does not meet it right now, so we need to look at an alternative where we can blend water from a better well and overall have a water outcome that will meet the safe water drinking standards. Bruce Workman said that he was fine with the staff going ahead and continuing work on the study and on the tests, and then come back to the Council with a recommended plan of action. Medina City Council Meeting Minutes July 17, 2001 172 The consensus of the Council was to have staff continue their study to look for alternatives to fix the issue with the radon and to establish a long-term capital plan for water improvements in the City. 11. Summer Help Jim Dillman said that he is short help and is way behind for the summer. He had a guy helping him clean up ditches. He thought that this person would probably work for $10 to $12 per hour. He said since Bob Dressel is out and will be out for a month or two, he would like to have approval to go ahead and hire some temporary summer help. Moved by Bruce Workman, seconded by Jim Lane, to approve hiring summer help for $10 to $12 per hour with the funds to be taken out of the part-time temporary and any additional funds out of the contingency amount. Motion passed unanimously. 12. Approval of the Conditional Use Permit for an Accessory Building for Additional Square Footage for James and Chris Renier at 3392 Hamel Road Loren Kohnen said Mr. and Mrs. Renier were requesting a conditional use permit for square footage of accessory structures. The Reniers wish to build a pole type building, an addition of 22 x 32, which will then combine two existing structures into one L-shaped building. He said this property is zoned rural residential. Kohnen said the total number of buildings is three, the barn is shown attached to the house by means of a tunnel, and the property totals 37 acres. He said the City's ordinance requires a conditional use permit to have more than two buildings or 3,000 square feet of total accessory buildings on any parcel over five acres. The square footage requested will total 13,452. Two existing buildings are shown and the lean- tos on the 25 x 50 foot building are proposed to come down. Loren Kohnen showed the buildings on an overhead and read through the Planning Commission action. The Planning Commission recommended approval of the conditional use permit recognizing that the building closest to Hamel Road is only to be used as a riding arena and not to be used as a stable. That a maximum of 10 horses be kept for personal use only with no commercial boarding. That manure removal to be done following PCA regulations, and that the maximum square footage be 15,000 square feet. Moved by Jim Lane, seconded by Bruce Workman, to authorize staff to draft a resolution approving the conditional use permit with the four conditions as recommended by the Planning Commission. Motion passed unanimously. 13. Trail Along County Road 19 Carolyn Smith said that she received two phone calls recently from residents not wanting a trail on the west side of CR 19. Jim Dillman said the County is proposing to apply for a grant for a trail along 19. He said this trail discussion got started quite a long time ago by a request from some Independence Beach residents who were looking for a trail along the west side of the road from the southern end of the Independence Beach area over to the park so that the children would not have to walk out on the road or cross the road. He said at this time all the City has done is to support the County's application for a federal grant for a trail. He said the County is not going to be designing the trail, so the decision about what side of the road the trail will go on is something to be discussed at a future date. Medina City Council Meeting Minutes July 17, 2001 173 14. Application for a Safe and Sober Grant Ed Belland said he would like approval to apply for a Safe and Sober Grant with the Cities of Corcoran and Orono. Moved by Phil Zietlow, seconded by Jim Lane, to pass Resolution 01-41 Authorizing Execution of an Agreement for Safe and Sober Grant. Motion passed unanimously. 15. Chief Squad Ed Belland said he purchased an unmarked squad to be used as the chiefs squad. A couple of years ago the City Council authorized the chief to use a vehicle; however, one of the stipulations was that the vehicle be marked. He said there were some tax issues for why it needed to be marked. Belland said that all of the other chiefs in the County have unmarked squads. He believed that based on that and other information, it is very likely this law does not pertain to emergency responders. Ron Batty said he would research this issue. Moved by Carolyn Smith, seconded by John Ferris, to authorize the chief to use an unmarked squad if allowed. Motion passed unanimously. 16. Proposal for Telecommunication Tower on Hamel Road Jim Lane updated the Council on the City's opposition to the tower to the Plymouth City Council. After speaking to the City Council on the City's various reason's for opposition, the Plymouth City Council voted to table the action on this tower until August 28, and in the meantime expected the City of Medina to work with A T & T on either an appropriate location in Medina or to provide some additional information on additional locations for the tower. Paul Robinson said he checked around on hiring an RF engineer to analyze AT&T's data and to look for potential alternate sites. He said they charge around $5,000 to do a complete analysis of the sites and to do some additional data collection. It could be less, but the Council should probably plan on a $5,000 if they wanted to move forward with that. There was some discussion about whether or not it would be worthwhile to spend that amount of money. Moved by Carolyn Smith, seconded by Jim Lane, to spend up to $5,000 with an RF engineer to analyze the area and to test A T & T's data, and to see if the other alternate locations would be sufficient or if shorter towers would be sufficient. There was some discussion about camouflaging and other options. In the end the motion was voted on. Those in favor: John Ferris, Jim Lane, and Carolyn Smith. Those opposed: Phil Zietlow and Bruce Workman. Motion passed. 17. Approval to Hire an Intern Paul Robinson said he would like to hire Bill Dermody for $10.00 per hour for up to six months. Moved by Jim Lane, seconded by Carolyn Smith, to approve hiring Bill Dermody for up to six months at $10.00 per hour. Motion passed unanimously. Medina City Council Meeting Minutes July 17, 2001 174 18. Skydiving Event After some discussion, the Council did not vote to authorize a skydiving event, but directed the Administrator -Clerk -Treasurer to send a letter saying that the City has no restrictions against this activity or this jump. 19. Long Lake Fire Settlement Agreement Robinson said a lot of time has been spent on the settlement agreement. However, there is one issue, which, unfortunately he had not recognized until reading it through this time, which will probably delay approval. Robinson said he wanted to make sure that the Council was aware of these issues. He said one issue is the term of the agreement. He said currently it is set at 20 years. Robinson said that seems fairly long for Medina. There was some discussion about the term. The Council said they would like to be able to get out of the agreement with one year notice. Robinson said that he would take that back to the Cities of Orono and Long Lake. 20. Legislative Update Robinson went through a number of the changes from the legislative session. He said that the City is gong to lose around $220,000 in State revenues because HACA was eliminated. He said there are a number of new reporting requirements regarding building permits to determine how cities are using revenues related to building inspections and development plan reviews. 21. Second Generation Watershed Management Plan Carolyn Smith said that there were a number of questions that each Council was supposed to address; she said she would bring those to the next meeting. 22. Pay the Bills Moved by Carolyn Smith, seconded by Jim Lane, to approve the bills, order check numbers 22624-22688 for $101,842.44 and payroll check numbers 17175-17189 for $17,332.95. Motion passed unanimously. 22. Adjournment Moved by Bruce Workman, seconded by John Ferris, to adjourn the meeting at 10:35 p.m. Motion passed unanimously. B. Ferris, Mayor Paul Robinson, Administrator -Clerk -Treasurer Medina City Council Meeting Minutes July 17, 2001 175 ORDER CHECKS - JULY 17, 2001 • 22624 A.T.& T $45.67 22625 AMERICAN EXPRESS $36.33 22626 AMERIPRIDE LINEN & APPAREL SVC $50.97 22627 ASPEN ENVIRONMENTAL $27.40 22628 BONESTROO, ROSENE, ANDERLIK $17,447.13 22629 BOYER TRUCKS $83.73 22630 BUDGET PRINTING $1,433.56 22631 CARLSON TRACTOR & EQUIPMENT $162.33 22632 CENTRAL STORES $158.69 22633 CY'S UNIFORMS $250.60 22634 DEPARTMENT OF PUBLIC SAFETY $270.00 22635 DOBO'S, THE $140.00 22636 DOCUMENT RESOURCES $622.47 22637 DOWNTOWN COLOR EXPRESS $711.19 22638 ERICKSON, ROLF ENT., INC. $3,567.21 22639 ESS BROS. & SONS, INC. $322.96 22640 FORTIN HARDWARE $89.45 22641 GARY'S DIESEL SERVICE $84.26 22642 GENUINE PARTS $20.10 22643 GLENWOOD INGLEWOOD $57.57 22644 HAMEL BUILDING CENTER $717.12 22645 HAWKINS INC. $1,549.42 22646 HENNEPIN CO.TREAS.,ACCTG.SVCS $140.00 22647 HENNEPIN COOPERATIVE SEED EXCH $382.18 22648 HENNEPIN COUNTY CENTRAL SVCS. $22.15 22649 HOLIDAY $5.97 22650 IMPREST FUND $1,264.09 22651 KERN, DEWENTER & VIERE $4,500.00 22652 LAKE BUSINESS SUPPLY $53.17 22653 LAKESHORE WEEKLY NEWS $668.75 22654 LAWN DETAILERS $1,520.00 22655 LAWN KING, INC. $197.74 22656 LONG LAKE, CITY OF $3,964.00 22657 MAYER DISTRIBUTING $3,646.35 22658 MCGILL, CHRISTOPHER $134.99 22659 MEDICA $248.00 22660 METRO WEST INSPECTION $6,970.00 22661 METRO.000NCIL ENVIRO. SERVICES $8,177.40 22662 METROPOLITAN COUNCIL WASTEWTR $1,138.50 22663 MIDWEST ASPHALT CORPORATION $446.23 22664 MIDWEST AUTOMOTIVE $726.64 22665 MIDWEST CHILDREN'S RESOURCE CT $20.00 22666 MINN COMM $30.69 22667 MINNESOTA STATE TREASURER $1,320.84 22668 NORTHERN ESCROW, INC. $23,085.00 Medina City Council Meeting Minutes July 17, 2001 176 ORDER CHECKS - JULY 17, 2001 22669 ORCHARD TRUST CO $880.00 22670 OTTEN BROS. NURSERY $63.10 22671 PRUDENTIAL INSURANCE CO. OF AM $142.90 22672 QWEST $104.00 22673 REYNOLDS WELDING $103.05 22674 SCHOELL & MADSON, INC. $1,258.20 22675 SEWERMAN, INC $170.00 22676 STREHLER FARMS -DOG IMPOUNDING $185.00 22677 STRETCHER'S $752.76 22678 STS CONSULTANTS $3,905.50 22679 SUPERIOR FORD $826.74 22680 TALLEN & BAERTSCHI $1,967.56 22681 THIBAULT ASSOCIATES $3,122.18 22682 UNITED RENTALS HIGHWAY TECH $189.50 22683 USPS $500.00 22684 VALVOLINE FLEET SERVICES $141.78 22685-86 VERIZON WIRELESS $301.60 22687 WRIGHT-HENNEPIN ELECTRIC $74.76 22688 XEROX CORPORATION $642.96 $101, 842.44 PAYROLL CHECKS - JULY 16, 2001 17175 ROBINSON, PAUL A. $1,306.05 17176 SCHERER, STEVEN T. $1,142.29 17177 MCGILL, CHRISTOPHER R $1,184.14 17178 ROUILLARD, MICHAEL J $630.99 17179 DILLMAN, JAMES D $1,545.19 17180 DRESSEL, ROBERT P $961.79 17181 BELLAND, EDGAR J. $1,905.43 17182 VIEAU, CECILIA M. $992.64 17183 SULANDER, LAURA L. $1,075.51 17184 LARSON, SANDRA L. $896.11 17185 BOECKER, KEVIN D. $456.28 17186 PRIEM, JON D. $1,536.38 17187 CHRISTENSON, JEREMY L. $1,315.39 17188 NYSTROM, JAMES $1,164.89 17189 NELSON, JASON $1,219.87 $17,332.95 Medina City Council Meeting Minutes July 17, 2001