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Home My Public Portal About08/06/96 CCM120 a MEDINA CITY COUNCIL MINUTES TUESDAY, AUGUST 6, 1996 The City Council of Medina, Minnesota met in regular session on August 6, 1996, at 7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided. Members Present: John Ferris, Jim Johnson, Ann Thies, Phil Zietlow, and Mayor Theis. Members Absent: Phil Zietlow until 7:55 p.m. Also Present: Public Works Director -Jim Dillman, Police Chief -Rick Rabenort, City Engineer -Shawn Gustafson, City Attorney -Ron Batty, and City Clerk/Treasurer-Paul Robinson. 1. ADOPTION OF THE AGENDA MOVED BY THIES, SECONDED BY FERRIS TO ADOPT THE PUBLISHED AGENDA WITH THE FOLLOWING ADDITIONS: • REQUEST FROM PHIL ZIETLOW TO ADD AN UPDATE ABOUT MINNEHAHA CREEK WATERSHED DISTRICT LONG LAKE PROJECT. MOTION PASSED UNANIMOUSLY. 2. APPROVAL MOVED BY THIES, SECONDED BY FERRIS TO APPROVE THE MINUTES FROM JULY 16, 1996 REGULAR CITY COUNCIL MEETING. MOTION PASSED UNANIMOUSLY. 3. CONSENT AGENDA • Approval of gambling license and a 3.2% Malt Liquor "on sale" license for The Church of St. Anne, and to waive the 30 waiting period for the gambling license. • Approval of Resolution # 96-34 "Vacation of Easement for Knappenbeger" • Approval of Election Judge Appointments MOTION MADE BY THIES SECONDED BY FERRIS TO APPROVE THE CONSENT AGENDA. MOTION PASSED UNANIMOUSLY. 4. PUBLIC HEARING -Notice of easement vacation for Foxberry Farms/Wally Doerr Mayor Theis opened the Public hearing at 7:37 p.m. 120 b Ron Batty explained that this public hearing was just another step in the approval process for Foxberry Farms and that the City Council had already given preliminary approval of a replat of the lots into 4 parcels. The interim step was to vacate the easements and create a development agreement. Batty also pointed out that the legal description included in the packet was incorrect and that a corrected copy would be given to the City Clerk. MOTION BY THIES, SECONDED BY MAYOR THEIS TO CLOSE THE PUBLIC HEARING. AYES - FERRIS, JOHNSON, MAYOR THEIS, THIES - MOTION PASSED. MOTION BY FERRIS, SECONDED BY THIES TO VACATE ALL EASEMENTS. AYES - FERRIS, JOHNSON, MAYOR THEIS, THIES - MOTION PASSED. OLD BUSINESS 5. Approval of an "Ordinance amending sections 826.11, 826.21.1, 826.26.4, 826.31 & 826.41 and adding a new Section 826.98" Ron Batty summarized the ordinance amendments and stated that the above changes to the City Code have been worked on by the City Council during the past year. These changes were presented at the City Council meeting in a form for final approval by the City Council. Ron Batty also noted that the agenda also contained a resolution authorizing publication of the ordinance amendments by title and summary. He stated two actions were related. If the ordinance is approved, the City is statutorily required to published the ordinance. In order to save the City money a resolution may be passed which allows the City to publish this ordinance in summary form. MOTION BY FERRIS, SECONDED BY THIES APPROVING AN ORDINANCE AMENDING SECTIONS 826.11, 826.21.1, 826.26.4, 826.31 & 826.41 AND ADDING A NEW SECTION 826.98 TO THE MEDINA CODE OF ORDINANCES. AYES - FERRIS, JOHNSON, MAYOR THEIS, THIES - MOTION PASSED. 6. Approval of a resolution "Authorizing publication of the above ordinance by title and summary" MOTION BY FERRIS, SECONDED BY THIES APPROVING A RESOLUTION AUTHORIZING PUBLICATION OF THE ABOVE ORDINANCE BY TITLE AND SUMMARY" AYES - FERRIS, JOHNSON, MAYOR THEIS, THIES - MOTION PASSED. 120 c 7. Final approval for Maple Ridge Estates Ron Batty stated that this was a follow up to a plat request made 3 years ago. The property owner delayed the process but is now ready to proceed. The direction needed from the City Council was to authorize the City Attorney to draft a resolution granting final plat approval. MOTION BY THIES, SECONDED BY MAYOR THEIS TO AUTHORIZE THE CITY ATTORNEY TO DRAFT A RESOLUTION PLAT FINAL PLAT APPROVAL. AYES - FERRIS, JOHNSON, MAYOR THEIS, THIES - MOTION PASSED 8. Final approval for John Day replat of lots 6,7,&8, Medina Industrial 2nd Addition Ron Batty stated that the City Council had already given preliminary plat approval for this property and that tonight's action is to authorize the City Attorney to draft a resolution granting final plat approval. Batty noted that when the resolution granting final plat approval is brought back to the City Council for adoption, the Council would also be asked to adopt a resolution amending Day's conditional use permit. MOTION BY THIES, SECONDED BY JOHNSON TO AUTHORIZE THE CITY ATTORNEY TO DRAFT A RESOLUTION OF FINAL PLAT APPROVAL AND A RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT. AYES - FERRIS, JOHNSON, MAYOR THEIS, THIES - MOTION PASSED 9. Continued discussion on the Evergreen Road Improvement Jim Dillman stated that the issue before the City Council was whether to go ahead with the Evergreen Road Improvement in 1996 as laid out in the Bonestroo feasibility study or to wait and have the City Staff do the work in 1997 at he estimate to be a considerable cost savings to the City and to the benefited properties. Jim Johnson suggested that the City put off the work until next year which will also give the City an opportunity to research options for slowing traffic and that Bonestroo submit a new feasibility study based on Dillman's proposal to use city employees. Ron Batty stated that the big issue with this project was whether the City could change the way public improvements projects are performed and financed. It is common for cities to do a portion of the work and assess the portion not done by the City. Whether the City can do all the work and still assess for the project is the question that the City Council will need to address. Batty also mentioned that if the project is to go forward in 1996 the City would be obligated to do the project as presented in the Bonestroo feasibility study. If the project 120 d could wait, the Council could consider other options, including the more extensive use of City employees. There was some discussion about the assessments that the Cherry Hill residents paid as a part of their building permits. Ann Thies noted that if the project were to be assessed against Cherry Hill again, it may become more complicated because the residents would view this as assessing them twice for what could be considered the same project. Ron Batty stated that the City Council is talking about two different issues 1. Use of Day-Labor(City Staff) to construct the road. 2. Whether the Cherry Hill residents are being assessed a second time. There was some discussion about the urgency of this project. The consensus was that this project did not have to be done immediately and therefore the City Council would have time to look into the option Jim Dillman was proposing. Batty wanted to make sure the City Council was aware that there are a number of issues yet to be resolved for assessing a public project where Day-Labor(City Staff) was used to complete the project. Mayor Theis wanted to know what the timeline would be for the project and when Staff would need to come back to the City Council with further information. Jim Dillman stated that Staff would need to bring this issues back to the City Council in February or March. Ron Batty agreed with that timeline. MOTION MADE BY THEIS, SECONDED BY THIES TO DIRECT THE CITY STAFF TO PRESENT TO THE CITY COUNCIL OPTIONS FOR USING THE CITY STAFF TO CONSTRUCT THE EVERGREEN ROAD IMPROVEMENT AND YET BE ABLE TO ASSESS BENEFITING PROPERTIES. MOTION PASSED UNANIMOUSLY 10. Discussion of Farmer's State Bank Parking Lot Issue Paul Robinson stated that this issue was on the agenda in response to a letter from the Farmers State Bank requesting that the City Council reconsider adding the Bank onto their insurance coverage. The City Council discussed the issue and realized that the use of the parking lot is a good deal for those using the Park and that the parking situation near the park has been a problem for a number of years. Primarily the problem occurs in the 2 months of the year during the T-Ball season. 120 e However, after some additional discussion the City Council decided that it did not want to extend the City's insurance coverage to the bank's parking lot. The City Council did want to ask for the bank's patience with this situation and to let them know that the City will facilitate more parking. Staff stated that an additional parking area would hopefully be created this coming Fall or Spring. MOTION MADE BY FERRIS, SECONDED BY ZIETLOW TO HAVE THE CITY CLERK DRAFT A LETTER TO THE BANK SUMMARIZING THE CITY COUNCIL'S POSITION. MOTION PASSED UNANIMOUSLY 11. NEW BUSINESS - 1997 City Budget Process Paul Robinson noted that, as a part of the 1997 budget process, the City Council needed to set dates for the 1997 Truth in Taxation Hearings. MOTION MADE BY FERRIS SECONDED BY THEIS TO SET THE INITIAL TRUTH IN TAXATION HEARING FOR DECEMBER 4TH AND TO THE CONTINUATION HEARING FOR DECEMBER 11T". MOTION PASSED UNANIMOUSLY 12. Approval To Pay The Bills MOTION BY THIES, SECONDED BY MAYOR THEIS TO PAY THE BILLS AS SUBMITTED. MOTION PASSED UNANIMOUSLY 13. Minnehaha Creek Watershed District (MCWD) Update Phil Zietlow updated the City Council on some recent information concerning the MCWD. The new information presented was that the Core of Engineers(COE) had recently expressed some concerns with the construction of the Long Lake Pond and whether or not it satisfied their permit requirements. Phil Zietlow was also interested in sending a letter to the MCWD about several of the loose ends that have built during the past few months, such as: the required water testing, the cooperative maintenance agreement, etc. There was some discussion about what is being done to test the water between the City Engineer and the City Council. 120f John Ferris suggested that the City write a letter to the MCWD and to the COE listing a factual representation of the problems and issues that have transpired to date. City Council directed the City Attorney to work with the City Engineer to draft a letter outlining the history of the problems and issues that the City has had with the Long Lake Pond Project and to send copy to the MCWD and to the COE. 14. EXECUTIVE SESSION - To Discuss Police Contract Negotiations The City Council went into executive session at 8:28 p.m. and came out at 9:25 p.m. The City Council discussed their response to the police union demands and will continue their discussion at the next City Council meeting. 15. ADJOURNMENT MOTION MADE BY THIES, SECONDED BY JOHNSON TO ADJOURN THE MEETING. MOTION PASSED UNANIMOUSLY Ac/d, Anne E. Theis, Mayor Paul Robinson, Clerk -Treasurer (1:»12118 q . ORDER CHECKS - AUGUST 6, 1996 k16123 All Steel Products $ 5,564.63 16124 American Linen Supply 42.72 Ctfiel 16125 Bonestroo, Rosene, Anderlik 6,358.05 16126 BRC-Assist. Ctr. 50.00 16127 Buffalo Bituminous 8,889.00 / 16128 Chicago title 106.71 lib 16129 Clalssic Cleaning 191.70 16130 Commercial Life Ins. Co. 71.60 16131 Commissioner of Revenue 1,665.26 %', 16132 Communities in Collaboration 238.00 (1/ 16133 Construction Eng. Lab. 1,771.55 16134 Delta Dental 558.10 16135 E-Z-Recycling 2,132.58 16136 Equal Net 4.85 16137 Farmers State Bank of Hamel 7,040.82 16138 Feed Rite Controls 1,655.31 i'-'61. 1 139 Greater N.W. Office of R.E. Assess 2,524.76 6140 HealthPartners 1,241.46 6141 Hennepin Co. Treasurer, Voter Reg. 11.23 16142 Hennepin Co. Treasurer, Acctg. Svcs. 1,952.50 fY 16143 Innovative Warning Systems 566.08 16144 Institute for Corp. & Ind. Ed. 150.00 16145 Kustom Signals, Inc. 1,039.64 16146 Lake Business Supply 535.16 16147 Lawn King, Inc 212.10 16148 League of Minnesota Cities 115.00 16149 Long Lake Glass 117.00 16150 Long Lake Tractor & Equipment 327.68 16151 McCarty Water & Waste 180.00 6152 Medica 2,881.46 6153 Metro Council Wastewater services 7,803.00 1 It54 Minnegasaco 53.28 6155 State of Minnesota - BCA 270.00 16156 16157 16158 16159 Northern States Power 2,448.19 Northern Waterworks Supply 22,631.25 Omann Brothers, Inc. 754.15 P.E.R.A. 4,523.09 16160 City of Plymouth 799.00 16161 Randy's Sanitation 154.73 16162 Lynn Sommerstad 53.00 16163 St. Paul Stamp Works 13.80 16164 Tight Rope 1,050.00 16165 Twin City Office 176.58 16166 U.S. West Communications 302.32 16167 Waterpro Supplies Corp 8,645.05 16168 Donald Wendling 63.90 16169 Wright -Hennepin Electric 1,154.38 $99,090.67 PAYROLL CHECKS - AUGUST 6, 1996 14874 Paul A. Robinson $ 933.34 14875 Steven T. Scherer 1,034.35 14876 Richard R. Rabenort 1,416.60 14877 Michael J. Rouillard 1,037.79 14878 James D. Dillman 1,315.78 14879 Robert P. Dressel 1,227.59 14880 Edgar J. Belland 1,202.33 14881 Cecilia M. Vieau 723.94 14882 Laura L. Sulander 885.78 14883 Sandra L. Larson 819.34 119 PAYROLL CHECKS - AUGUST 6, 1996 (CONT,D) 14884 Joseph R. Heyman 984.58 14885 Jon D. Priem 851.36 14886 Jeff J. Weiler 435.85 14887 Wayne A. Quast 260.46 14888 Anne E. Theis 207.79 14889 Ann C. Thies 138.52 14890 John B. Ferris 138.52 14891 Philip K. Zietlow 138.52 14892 James R. Johnson 138.52 14893 Paul A. Robinson 773.34 14894 Steven T. Scherer 467.83 14895 Richard R. Rabenort 1,696.45 14896 Michael J. Rouillard 1,012.79 14897 James D. Dillman 1,195.18 14898 Robert P. Dressel 1,270.95 14899 Edgar J. Belland 1,136.45 14900 Cecilia M. vieau 304.63 14901 Laura L. Sulander 473.74 14902 Sandra L. Larson 352.22 14903 Joseph R. Heyman 861.95 14904 Jon D. Priem 834.86 14905 Jeff J. Weiler 236.07 $24,507.42 120 (THIS PAGE LEFT BLANK INTENSIONALLY)