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HomeMy Public PortalAbout09/03/96 CCM129 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 3, 1996 The City Council of Medina, Minnesota met in regular session on September 3, 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: None. Also present: Police Chief Rick Rabenort, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, and City Clerk -Treasurer Paul Robinson. 1. Adoption of the Agenda Moved by Thies, seconded by Zietlow, to adopt the published agenda with the following additions: Executive Session on the Police Contract, Update on Minnehaha Creek Watershed District, Appointment of an Additional Election Judge. Motion passed unanimously. 2. Minutes Moved by Thies, seconded by Mayor Theis, to approve the minutes of the regular meeting of August 20, 1996, with the following changes: Change Theis to Thies in the fourth paragraph of page 4 and change do to so in the fourth paragraph of page 6. Motion passed unanimously. 3. Consent Agenda Moved by Ferris, seconded by Johnson, to approve the consent agenda, as follows: A. Approval of a resolution granting a permit to Minnegasco for a gas main installation. B. Approval of a gambling license for Minnesota Deer Hunters Association and waving of the 30 day waiting requirement. Motion passed unanimously. INFORMATIONAL PRESENTATION 4. Presentation by Jim Daniels, Executive Director of the Lake Minnetonka Communication Commission. Jim Daniels updated the City Council on several issues. 1. The Telecommunication Act - This act basically took away the monopoly status of cable and phone services and opens the market to competition. 2. Rights of Way Issues - The Commission and a number of other organizations are working on ways to best regulate where and how the public rights of way are used. 130 3. Merger of Triax Cablevision and DD Cable - This merger was approved by the Cable Commission after thoroughly checking the financial condition of both companies. The main reason for the merger was to protect both companies from being swallowed up by larger corporation such as Time Warner who have recently been acquiring a number of smaller operations around the United States. 4. 1997 Budget - Jim Daniels asked if there were any questions on the budget. He also explained that the 7% increase in staff wages was to pay for a new staff person in the satellite studio. Jim Daniels ended his presentation asked the City Council for a motion of support for the LMCC 1997 Budget. Ann Thies stated that she was excited about the new studio and that they believe a location has been found and will be finalized soon. Thies also stated that there were only two changes in the budget one was the additional staff person at the satellite studio and the other was for legal fees to help pay for an updated franchise agreement. Moved by Thies, seconded by Ferris, to support the 1997 LMCC Budget. Motion passed unanimously. OLD BUSINESS 5. Resolution Rezoning Certain Properties from Rural Residential to Planned Unit Development/Suburban Residential. Rob Batty stated that the final plat and the rezoning of the Lundgren Bros./Doerr property are consistent with the actions taken by the City Council for the first two parts of this subdivision. Moved by Johnson, seconded by Thies, to approve a resolution rezoning certain properties from rural residential to planned unit development/suburban residential. Motion passed unanimously. 6. Resolution Granting Final Plat Approval to Foxberry Farms 3rd Addition. Ann Thies asked if the development agreement had been finalized. Ron Batty stated that he had sent a copy to Lundgren Bros. and they were currently reviewing it. Mike Pflaum from Lundgren Brothers was present and stated that they saw no problems with the current development agreement. Moved by Johnson, seconded by Thies, to approve a resolution granting final plat approval to Foxberry Farms 3rd Addition. Motion passed unanimously. 131 7. Appointment Of Valerie Donahue as an Election Judge For The Primary and General Elections. Paul Robinson asked the City Council to appoint Valerie Donahue as an election judge for the City primary. This was being done after the required 20 days but would still be valid since the judge is willing to be appointed. The main reason for this was to appoint a new election judge that could gain experience in a slower primary election and expand the City's pool of available trained judges. Moved by Theis, seconded by Zietlow, to approve Valerie Donahue as an election judge for the primary and general elections. Motion passed unanimously. 8. MCWD Update Phil Zietlow stated that Glen Sanders, an engineer for Wenck and Assoc. was assigned to patch things up between the Watershed District and the City on issues such as monitoring the pond and the cooperative agreement between the Watershed District and the City. Zietlow also mentioned that the MCWD would like to substitute a large wooden pole on an angle for the post and cables required by the CUP. The City's original intent had been to retain a rural look to the property. However, MCWD was raising safety concerns regarding the cable, particularly with regard to snow mobiles. Ron Batty mentioned ad hoc changes to the CUP could potentially dilute the City's ability to hold the MCWD to other provisions in the CUP and that formally modifying the CUP would put the City in a better position to enforce other CUP provisions. After some discussion it was decided that the City Council should formally modify the CUP to allow for this substitute for fencing. Moved by Zietlow, seconded by Ferris, to direct Staff to create a resolution changing the CUP to allow for a wooden angle gate to maximize safety instead of a cable. Motion passed unanimously. NEW BUSINESS 9. Discussion on Suburban Rate Authority(SRA). Ron Batty stated that information about the SRA was sent to the City by an associate of his from Kennedy and Graven. The Mayor had called him and requested some follow up information. 132 The SRA was offering a free one year trial membership. Thereafter the cost per year would be $400 per year based on 1997 rates. The SRA lobbies on behalf of cities on utility rate issues. After some discussion the Council decided to have Jim Strommen come and present what the SRA could do for the City and why it would worth $ 400 to the City. 10. Hassan Township Request. Paul Robinson stated that Hassan Township was requesting a resolution of support. They would like to incorporate as a city which would serve to protect them from annexation and other powers that surrounding cities have over them. Mayor Theis stated that if this will help them it would be O.K. as long as it does not legally involve the City. Jim Johnson asked why would the City care and if Hassan Township was asking for support from the City Council or from the City as a whole. He was not sure what this would accomplish and if the City Council could speak for the City at large on this issue. Ann Thies stated that Medina has supported other cities on various issues. Ron Batty stated that a resolution of support would probably not have an effect on the decision. John Costello, reporter for the Lakeshore Weekly News, asked if Hassan Township was concerned about annexation. Loren Kohnen responded that Rogers would like to annex Hassan Township and that there were a number of other issues that were creating some conflicts between the township and its surrounding cities. Moved by Thies, seconded by Theis, to approve a resolution of support for the incorporation of Hassan Township. Aye's: Ferris, Theis, Thies, and Zietlow. Nay's: Johnson - Motion passed. 11. Rescheduling of the November 5, 1996 City Council Meeting. Moved by Ferris, seconded by Zietlow, to approve rescheduling the November 5, 1996 City Council Meeting to November 6, 1996 due to the general election. Motion passed unanimously. 133 NEW BUSINESS - CLERK -TREASURER 12. Discuss preliminary levy amount and approve resolution setting preliminary levy and dates for "Truth In Taxation" hearings. Paul Robinson explained that he had received a tax capacity number that was significantly higher than the actual number. This meant that in order to bring the tax capacity in line with previous years, the department heads needed to reduce their budgets by over $100,000. Robinson also stated that Loren Kohnen reduced his fee on plan reviews to help close the budget gap with the understanding that the City will be reviewing the fees on all contracted services. Robinson explain that included in the City Council information was a explanation of where the City Staff reduced the dollars in the budget approximately $22,000 from the Clerk and Planning Departments, $50,000 in the Police Department (a majority of which was for a full time Community Service Officer(CSO)) and $25,000 in the Public Works Department (for the feasibility study and the permitting process for Sioux Drive). Robinson passed out information with the most current Tax Capacity information and with options showing the impact on the tax rate and the levy if one or both of the projects(CSO and Sioux Drive) cut from the budget were added back into the budget. Shawn Gustafson stated that the Sioux Drive project was to correct a safety problem that exists on this section of the road. John Ferris stated that his understanding of the Sioux Drive project was that in the 1997 budget was money for a feasibility study and permits and that the actual work was projected to take place in 1998 and cost upwards of around $ 100,000. Phil Zietlow asked if the Sioux Drive situation was at a crisis level. Shawn Gustafson replied that it was not really at that level. John Ferris stated that if the City included a part time CSO at around $18,000 it would bring the tax rate up to 14.7%. The proposed budget does include the replacing Officer Stillman and additional dollars in contingency for contract negotiations. After some additional discussion Jim Johnson asked John Ferris what he suggested as a tax rate for the proposed levy. Ferris replied a 14.7% tax rate ($971,047 levy) Moved by Theis, seconded by Zietlow, to approve resolution setting preliminary levy at a tax rate of 14.7% ($971,047 levy) and dates, as previously determined at the August 20, 1996 City Council meeting, for "Truth In Taxation" hearings. Motion passed unanimously. 134 A secondary discussion was held on whether to pass a resolution certifying that the City had enough money to cover its outstanding bond obligations without certifying an additional levy amount. After some discussion it was decided that this was needed as a part of certifying the initial levy. Moved by Ferris, seconded by Zietlow, to approve a resolution declaring that the City has adequate reserves to cover bonded indebtedness in 1997. Motion passed unanimously. 13. Approval To Pay The Bills Moved by Ferris, seconded by Zietlow, to approve paying the bills. Motion passed unanimously. 14. EXECUTIVE SESSION - To Discuss Police Contract Negotiations Moved by Zietlow, seconded by Ferris, to enter into executive session at 8:41 p.m.. Motion passed unanimously. Moved by Johnson, seconded by Thies, to end executive session at 9:14 p.m.. Motion passed unanimously. 15. Adjourn Moved by Johnson, seconded by Thies, to adjourn the meeting at 9:16p.m.. Motion passed unanimously. Anne E. Theis, Mayor Att Paul Robinson, Clerk -Treasurer ORDER CHECKS - SEPTEMBER 3, 1996 16232 Bryan Rock Products $ 25,897.52 16233 Burling Northern Railroad 1,200.00 16234 Jody Channin 175.00 16235 Classic Cleaning 191.70 16236 Commercial Life 71.60 16237 Commissioner of Revenue 884.98 16238 Delta Dental 581.95 16239 E-Z-Recycling 2,132.58 16240 ESS Bros 575.10 16241 Farmers State Bank 3,900.76 16242 Firstar Bank of Minn 46,963.75 16243 Grainger 14.71 16244 Hamel Fire Dept. 15,968.25.a 16245 Hennepin County Treas. 1,739.5 L 16246 Humane Society 85.00 16247 JAS, Inc 47.05 16248 Kendall/Hunt Publishing 44.61 16249 Kustom Signals 1,039.64 16250 Lake Business Supply 199.74 16251 Long Lake Fire Dept. 2,708.25 16252 Loretto Fire Dept. 8,005.00 16253 Maple Plain Fire Dept. 775.00 16254 Medica 2,881.46 16255 Metro Council Wastewater (Treatment Chgs.) 7,803.00 16256 Metro Council Wastewater (SAC) 1,782.0O 16257 Minnegasaco 34.40 16258 Minnesota Dept. of Health 653.00 16259 Northern States 3,329.62 16260 P.E.R.A. 2,342.98 16261 Richard Rabenort 61.35 16262 Randy's Sanitation 154.73 16263 Paul Robinson 131.37 16264 Steve Schmidt Plumbing 275.73 16265 Sewerman, Inc. 330.00 16266 Streicher's 35.09 16267 Tri-K Sports 7.75 16268 Twin Cities Service Center 90.00 16269 U.S. West Communcations 306.31 16270 Uniforms Unlimited 120.26 16271 Walt's Garage 102.91 16272 Warning Lites 147.77 16273 City of Wayzata 46.50 16274. West Hennepin Public Safety 28.00 16275 West Metro Lumber 27.80 16276 Westside Wholesale Tire 114.17 16277 Thomas Wolf 59.50 16278 Wright -Hennepin Elect. 1,187.73 $135,255.12 PAYROLL CHECKS - SEPTEMBER 3, 1996 14919 Anne E. Theis $ 207.79 14920 Ann C. Thies 138.52 14921 John B. Ferris 138.52 14922 Philip K. Zietlow 138.52 14923 James R. Johnson 138.52 14924 Paul A. Robinson 773.34 14925 Steven T. Scherer 1,006.45 14926 Richard R. Rabenort 1,191.60 14927 Michael J. Rouillard 1,012.79 14928 James D. Dillman 1,141.28 136 PAYROLL CHECKS - SEPTEMBER 3, 1996 (CONT'D) 14929 Robert P. Dressel 1,219.46 14930 Edgar J. Belland 1,157.90 14931 Cecila M. Vieau 644.94 14932 Laura L. sulander 885.78 14933 Sandra L. Larson 756.59 14934 Joseph R. Heyman 985.03 14935 Jon D. Priem 799.66 14936 Jeff J. Weiler 435.85 $12,772.54