HomeMy Public PortalAbout09/16/97 CCM191
MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 16, 1997
The City Council of Medina, Minnesota met in regular session on September 16, 1997 at 7:32
p.m. in the City Hall Chambers. Mayor John Ferris presided.
Members present: Ferris, Hamilton, Johnson, Zietlow, and Thies.
Members absent: None.
Also present: Interim Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim
Dillman, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, and City Clerk -
Treasurer Paul Robinson.
1. Approval of the Agenda
Additions to the Agenda:
1. Discussion on the architects letter.
2. Discussion on Experimental Septic Systems.
Items removed from the agenda:
1. Presentation by the Lions Club.
Moved by John Hamilton, seconded by Phil Zietlow, to approve the agenda as amended.
Motion passed unanimously.
2. Approval of the Minutes from September 2, 1997, City Council Meeting
Jim Dillman was not present at the September 2, meeting and was removed from the also
present list.
Moved by Jim Johnson, seconded by Ann Thies, to approve the minutes of the September 2,
1997 city council meeting as amended. Motion passed unanimously.
3. Comments from Citizens not on the Agenda
Dan Strand, 1895 Hamel Road, presented a petition to the council requesting a "school Ws
stop ahead 600 feet" sign to be installed 600 feet to the east and west of 1985 Hirml Road.
He said that due to the recent traffic increase on Hamel Road, th0Y wpuISI lika IU4*p sign
to help insure the safety of the children waiting for the bus.
John Ferris asked who would take care of this petition.
After some discussion this matter was directed to Ed Belland to decide what action was
needed.
4. Park Commission Comments
Jim Johnson said at the next park commission meeting they were going to review a number of
issues concerning with the Hamel Legion Park. He said that one of the reasons the Lions Club
was taken off the agenda was that they were asking to dedicate a portion of their funds and
needed some further clarification about this issue. Johnson said that there had been a lot of
grading completed at the park and that a lot of issues would be coming to a head about what
people want to do next in the park. Some of these issues will be taken up at the next park
commission meeting.
5. Planning Commission Comments - There were none.
Medina City Council Meeting Minutes
September 16, 1997
192
6. Mohawk Feasibility Study
Shawn Gustafson, the city engineer, described the Mohawk Drive reconstruction project. He
said that grading, stabilization fabric, drain tile, culverts and gravel base would be projects
completed by the city public works department. The aggregate shouldering, pavement
striping, signing, and turf restoration work would be done by contractors at prices negotiated by
the city public works staff. Final shaping of gravel and bituminous surfacing would be
combined and contracted out as a Chapter 429 improvement project.
Shawn Gustafson said that construction was proposed to begin in July 1998 and the gravel
base would be completed by October 1998. The city would then let the base settle over the
winter, and not plan to pave the roadway until June of 1999 with total completion of the project
expected to be done by fall of 1999. Gustafson said that in the city's comprehensive plan
there was no plan for a signal to be installed at the Mohawk and Highway 55. He said at some
point a median would be placed on Highway 55, which would only allow right in, right out
access onto Highway 55 from Mohawk Drive.
John Ferris said that currently there is no median and asked if there were any immediate plans
for a median to be constructed on Highway 55.
Shawn Gustafson said no.
Gustafson said that the city would be requiring sanitary sewer and water easements along the
outsides of the roadway for future installation of those utilities. Gustafson said that an eight -
inch watermain had previously been extended within the right-of-way of Mohawk Drive to serve
the properties north of Highway 55. Gustafson said that this stub should be extended to at
least ten feet outside of the proposed pavement. At that point the existing main could be
extended within the right-of-way without disturbing the new pavement. Gustafson said that
new culverts are proposed to be installed and replace existing culverts within the roadway and
driveways, and that the new culverts would be directed into wetland areas that presently exist.
Gustafson said the board of soil and water resources would mitigate a half -acre of wetlands for
this project at no cost.
Gustafson said that the total cost of the project would be $282,710. Of that amount, the city's
share would be $158,600, which would leave the remaining amount, $124,110 to be assessed.
Gustafson said that the city policy is to assess 75% of the contracted cost. Gustafson said
that because of the amount of the work the public works department is doing on this project,
the actual assessment will be less than half of the total cost.
Gustafson said that they identified 16.5 residential units, and divided the assessment on the
northern section of the roadway between those 16.5 units.
There was some discussion about the number of units. Gustafson said that the projected
assessment for residential units was $4,275.00 per unit.
John Ferris asked what the period of assessment would be.
Paul Robinson said that there had been a number of variations throughout the years as to the
term of assessments, however, ten-year assessments seemed to be the average length.
Medina City Council Meeting Minutes
September 16, 1997
193
John Ferris said that tonight's public hearing would be to hear testimony on whether or not the
city should go forward with this project. A hearing to discuss the assessments for this project
would be scheduled at a later date.
7. Public Hearing - Mohawk Drive Reconstruction
John Ferris opened up the public hearing. Two residents signed up to speak, Harold
Pederson, 4645 Mohawk Drive, and Rayburn Roy, 1952 Chippewa Road.
Harold Pederson, said he was in favor of the project, but that he did share Rayburn Roy's
concerns about the cost of the project. Pederson asked if it was possible to make the road
narrower, thereby reducing some of the cost of the construction of the road.
Jim Dillman, public works director, said that a 24-foot road with eight -foot shoulders was the
standard for this city and that it was considered safer. It allows people to pull onto the
shoulder and to get off the roadway, and it is the accepted standard, much like Medina Road.
Dillman said the city would like to maintain that same standard.
Dillman said to widen the road in the future would be more expensive than to make the road to
its full width now.
Ken Hammerschmidt, representative of Steve Hammerschmidt, from 4675 Mohawk Drive,
asked how the city expects to maintain the road without the same problems that have been
happening near Mohawk and Highway 55 with the road sinking.
Jim Dillman said they have constructed roads in the city over similar terrain that have lasted 10
to 20 years.
Ken Hammerschmidt asked if it made sense to put in water and sewer pipes at the same time
as constructing the road.
Shawn Gustafson, the city engineer, said that typically water and sewer services are driven by
the residents, and that Medina's policy, up to this point, has been to install those services
when they requested by residents. He said that since water and sewer will be constructed on
the outsides of the road, the road would not be disturbed if utilities are needed in the future.
A resident asked when the assessment would be certified to the taxes.
Shawn Gustafson said that the assessments would probably be certified in 1998 for taxes
payable 1999.
Another resident asked when the assessment would be determined.
John Ferris said that this would take place before the project was started.
Don Atkinson of 2000 Pawnee Road, asked the city engineer to once again explain how the
16.5 residential units were determined.
Shawn Gustafson went through the overhead and explained how each unit was determined.
Medina City Council Meeting Minutes
September 16, 1997
194
Don Atkinson asked if there were any plans for the city to pave Chippewa from Mohawk to
Arrowhead.
Shawn Gustafson said that much like this project, if there were a petition by property owners to
pave Chippewa the city would initiate a public hearing on this project.
Ken Hammerschmidt asked if inflation was factored into the cost since the project wasn't going
to be taking place until 1998 and 1999.
Shawn Gustafson said that this was their best estimate for the cost of the project. He said
construction costs have not risen dramatically over the past several years and that he did not
project a large increase in the next two years.
Rayburn Roy, 1952 Chippewa Road, asked about the amount and term of the assessment.
John Ferris said that typically, assessments are spread over ten years and would show up as
an annual fee on the property tax statement.
There was some discussion about his property, which currently had four units. Since his lot
was on a corner he was only being charged for two units. This has been the city's policy on
corner lots where property owners abut two roadways.
There was some additional discussion on Rayburn Roy's corner lot situation. After that
discussion a letter from Burt Blyleven of 1855 Katrinka Road was entered into the record
expressing his support for the project.
Moved by Jim Johnson, seconded by Phil Zietlow to close the public hearing. Motion passed
unanimously.
8. Ordering plans and Specification for Mohawk Drive Reconstruction
There was some discussion about ordering in the project to be completed.
Moved by Phil Zietlow, seconded by John Hamilton, to order plans and specs to be prepared
for the Mohawk Road reconstruction. Motion passed unanimously.
9. Set date for Mohawk Drive Reconstruction Assessment Hearing
Moved by Ann Thies, seconded by Phil Zietlow, to set an assessment hearing for the Mohawk
reconstruction project for the second meeting in February 1998. Motion passed
unanimously.
10. Public Works Garbage And Recycling
Jim Dillman said that currently the city is broken up into three districts. Each district has a
different hauler: Superior, BFI, and Randy's, and the city's recycling is taken care of by the
West Hennepin Recycling Commission(WHRC) who contracts with E-Z-Recycling. Dillman
said they looked at garbage rates and recycling. They met with the current haulers and
Medina City Council Meeting Minutes
September 16, 1997
195
Superior wanted to bid on the same area that they currently have, and Randy's worked with
BFI and was bidding for their current district and BFI's district.
John Ferris asked why there was a difference in price between Randy's and Superior.
Dillman said that Superior's district was denser and included Cherry Hill, and Foxberry Farms.
Phil Zietlow asked if Randy's or Superior was interested in bidding for the city as a whole.
Jim Dillman said they considered doing a request for proposal and opening the bidding to
everybody and that's still an option.
Phil Zietlow asked if it was economical to do it that way.
Jim Dillman said that it may be, but that the city has a certain comfort level with the current
haulers, and that for a few cents saved, it may not be worth trying to establish new
relationships. He said the city has good relationships with the existing haulers and that the
current bid proposals are good prices.
John Ferris said that this proposal includes recycling twice a month on the same day as the
trash pickup.
Paul Robinson said that the proposed recycling cost from E-Z Recycling was $1.98 per
household and that both Randy's at $2.86 and Superior at $2.43 were higher than the city's
current and proposed recycling cost.
Ferris said that when comparing the old price of garbage service to the new price, the new
price is still lower with the addition of recycling service.
Jim Wollschlager from Randy's said that their recycling program includes a revenue sharing so
that when the rates increase for newspaper and other recyclables there will be a decrease in
the charge for the recycling service and that right now the market for recyclables is about as
low as it has ever been, so in the foreseeable future, recycling fees will more than likely
diminish.
There was some discussion about whether or not the city could still apply for a Hennepin
County Recycling Grant.
Jim Wollschlager believed that it would be possible to work out some agreement. He said
they work with other cities on that grant and there will probably be a way to credit the bills for
the grant amount.
There was some discussion about the prices and rates for the haulers. The proposed one -can
rate for Randy's including recycling was $16.62 and the proposed one -can rate including
recycling for Superior was $13.81.
Ann Thies asked if junk mail would be included in the recyclables picked up by Randy's.
Randy said that they take newspaper inserts as does Superior, however, they don't take junk
mail or office paper.
Medina City Council Meeting Minutes
September 16, 1997
196
Jim Dillman said that staff was asking the council to accept the garbage rates now and to
begin the recycling program with the haulers at the first of the year.
There was some discussion about the statutory requirements to insure that every household
has solid waste collection service.
Moved by Ann Thies, seconded by Jim Johnson to accept the garbage bids and to direct staff
to put together a license agreement and contracts with each of the haulers. Motion passed
unanimously.
11. Vacation of Beechnut Street
There was discussion on the vacation of the Beechnut Street and about whether or not there
may be a public purpose for this property now or in the future. There was additional discussion
about using the dollars for maintenance and liability on the Beechnut Street Property vs. the
existing city park in Independence Beach.
Jim Dillman said that he did not have time to look into the additional easements and he wasn't
sure whether or not they had already been vacated. He said he would need some additional
time to look up additional properties that may need to be vacated.
Moved by John Hamilton, seconded by Phil Zietlow to table this issue until the next meeting.
Motion passed unanimously.
12. Police Garage Addition
Phil Zietlow said that Howard Jacobson of American Liberty was ready to move ahead with this
project. He said American Liberty had subcontractors lined up and the city council would
need to approve the two larger bids on the contract. One was for the concrete/masonry from
R.W. Concrete for $23,875.00 , and the second was for electrical work from Enviro Electronic
for $12,233.
There was some discussion about a performance bond, whether or not the city needed to
require one.
Ron Batty said that statutorily the city would be required to have a performance bond and that
should be included in the cost of the contract.
The consensus of the council was to have the city obtain a performance bond for the project.
Phil Zietlow said the estimated total of the project, at this point, is around $144,000. He said
that it is still under the $150,000 original estimate. However, there still will be some additional
expenditures such as: furniture and interior chairs.
Moved by Phil Zietlow, seconded by Ann Thies to approve the bids over $10,000, one from
R.W. Concrete and the other from Enviro Electronic. Motion passed unanimously.
Ron Batty said that he had not yet received page 5 of the contract with American Liberty
Construction and that in order to finalize the contract, he would need to get a copy of this.
Medina City Council Meeting Minutes
September 16, 1997
197
Howard Jacobson said that he would get the copy of page 5 to the city attorney.
13. Architects Bill from Larson Architects
Paul Robinson stated that Mr. Larson would like to receive the final payment from the city for
the work that he did on the initial city hall project.
There was some discussion about this bill. The feeling from the council was that he did not
perform or complete the project as the contract proposed, however, the council was not certain
of exactly all of the details of the initial contract with Larson Architects and directed Paul
Robinson to prepare information on the original contract and on subsequent council actions to
determine whether or not the city would be required or obligated to pay Larson Architects for
the final bill.
14. Hamel Legion Park
Jim Dillman said that several meetings ago the city council approved $1,500 from the Park
Fund for a water and sewer line to be installed at the Hamel Legion Park. Based on the
timetable for the summer, the city staff is not going to have time to install this and he would like
approval from the city council to contract with Larry Groth for this project for around $5,500.
Moved by Jim Johnson, seconded by Phil Zietlow, to approve $5,500 for a water and sewer
line to be installed at Hamel Legion Park with the money coming from the city Park Fund.
Motion passed unanimously.
15. CDBG Grant
Paul Robinson said that he had received two bids for the CDBG project. However, at the
previous city council meeting, after the bid documents had been sent out, the city's building
inspector said that the city would need to meet ADA standards. For that to happen, an
additional sidewalk would need to be installed at an angle from the main sidewalk and at a 5%
grade.
There was some discussion about whether or not the city council could take the lowest bidder
and then ask for the cost of the additional expense for adding the sidewalk at a five- percent
grade.
After some discussion it was decided to rebid with the new specifications and bring it back to
the next council meeting for approval.
16. Tobacco License
Paul Robinson said that as of August 1, a new state statute came into effect that required
cities to pass an ordinance regulating tobacco sales. Robinson said that the city did have an
ordinance regulating tobacco sales, but the ordinance was very vague and did not include any
of the provision required by the new statute.
Medina City Council Meeting Minutes
September 16, 1997
198
Robinson said there were five specific requirements that the city would need to add in order to
comply with the new statue. Robinson said the five new provisions included:
1. A new administrative penalty;
2. Penalties for minors other than a dollar amount;
3. Mandatory compliance checks. Consisting of a "sting operation" where the city would have
to obtain a minor between 15 and 18 who would attempt purchasing cigarettes at each
establishment selling tobacco;
4. Prohibit vending machine sales, unless in areas where minors are prohibited; and,
5. Prohibit self-service sales of individual cigarette packages.
If the city did not pass an ordinance, the regulation of tobacco sales would revert to the county.
There was some discussion on this issue. The initial sentiment of the city council was that it
may be better to allow the county to regulate this activity.
Robinson said that he was planning to attend a seminar on the tobacco licensing and asked
the city council to refrain from action on this issue until he had a chance to attend this seminar.
17. Experimental Septic System
Loren Kohnen said that an existing home at 3555 Chippewa Road, had a failing septic system.
Kohnen said the home is on a very steep slope(30% slope), and that the city's current
ordinance only allows a 12% slope or less. The homeowner would like to create an
experimental septic system in order to remedy this failing site. In order to do this, he would
need permission from the city council. Loren said that he was requesting the city council allow
the zoning administrator to give this homeowner an administrative variance, subject to a hold
harmless agreement with the city on the construction of an experimental septic site.
Moved by Ann Thies, seconded by Jim Johnson to approve an administrative variance, subject
to a hold harmless agreement for 3555 Chippewa Road for an experimental septic system.
Motion passed unanimously.
18. Approval to Pay the Bills
Moved by Ann Thies, seconded by Jim Johnson, to approve the bills. Motion passed
unanimously.
19. Executive Session
Moved by Phil Zietlow, seconded by Ann Thies, to close the regular meeting and go into
executive session to discussion litigation matters at 9:30 p.m. Motion passed unanimously.
Jim Johnson was not present.
Moved by Ann Thies, seconded by Phil Zietlow, to come out of executive session at 10::31 p.m.
Motion passed unanimously.
20. Adjournment
Moved by Ann Thies, seconded by John Ferris, to adjourn the meeting at 10:32 p.m.
Motion passed unanimously.
' f-d'w0
John B. Ferris, Mayor
Medina City Council Meeting Minutes
September 16, 1997
199
ORDER CHECKS - SEPTEMBER 16, 1997
17530 Air Touch Cellular $ 163.45
17531 American Express 603.48
17532 American Linen Supply 46.66
17533 B & B Products 1,136.38
17534 Barco Municipal Products 97.71
17535 Biffs, Inc. 198.78
17536 Bonestroo, Rosene, Anderlik. 3,437.38
17537 Boy Scout Troup #570 230.45
17538 Bryan Rock Products 2,242.50
17539 Buffalo Bituminous 267.21
17540 Burlington Northern Railroad 1,200.00
17541 Candlelight Floral 63.08
17542 Classic Cleaning 191.70
17543 Coffin & Gronberg 976.00
17544 Cy's Uniforms 38.45
17545 Deko Factory Service 429.30
17546 Egan Oil 561.26
17547 ESS Bros. & Sons, Inc. 351.45
17548 Feed Rite Controls. 30.00
17549 Fortin Hardware 132.18
17550 Genuine Parts 17.25
17551 Glenwood Inglewood 65.60
17552 Great West Life Assurance 475.00
17553 Hamel Building Center 832.61
17554 Healthpartners 2,076.61
17555 Henn. Coop. Seed Exchange 59.59
17556 Hennepin County Support 565.00
17557 Hennepin County Treasurer 672.75
17558 Hick's Concrete 10,852.30 r
17559 Holiday 5.94
17560 Industrial Coatings Co., Inc 1,870.00
17561 L.I.C.A. 1,500.00 dr
17562 Lakeshore Weekly News 83.65
17563 Law Enforcement Labor Services 99.00
17564 Lucent Technologies 13.30
17565 McBride, Inc. 3,600.00
17566 Medica Choice 2,570.78
17567 Metro Council Environmental Services 8,806.00
17568 Midwest Asphalt 836.51
17569 Midwest Automotive 203.10
17570 Minn Comm 46.60
17571 Minnegasco 16.48
17572 Minnesota Dept. of Health 653.00
1
Medina City Council Meeting Minutes
200
ORDER CHECKS - SEPTEMBER 16, 1997 (CONT'D)
17573 Minnesota Mutual 193.00
17574 Minnesota State Retirement Sys 117.00
17575 MN Dept. of Employee Relations 20.00
17576 MTI Distributing 236.92
17577 Northern States Power 891.96
17578 P. E. R.A. 2,148.88
17579 Rettinger Bros. Oil 4,700.49
17580 Reynolds Welding 39.62
17581 St. Paul Stamp Works 24.54
17582 Superior Ford 160.78
17583 Tallen & Baertschi 722.99
17584 Twin City Water Clinic 20.00
17585 U.S. West Communications 34.60
17586 Uniforms Unlimited 495.89
17587 University of Minnesota 40.00
17588 Cec Vieau 21.81
17589 Wright -Hennepin Electric 1,258.79
17590 Wright -Hennepin Security Services 158.74
17591 Ziegler, Inc. 437.40
$ 60, 041.90
PAYROLL CHECKS - SEPTEMBER 16, 1997
15359 Paul A. Robinson 800.71
15360 Steven T. Scherer 904.65
15361 Michael J. Rouillard 535.44
15362 Scott W. Kroeger 810.61
15363 James D. Dillman 1,183.14
15364 Robert P. Dressel 925.54
15365 Edgar J. Belland 1,624.68
15366 Martha C. Lundell 285.79
15367 Cecilia M. Vieau 687.02
15368 Laura L. Sulander 890.73
15369 Sandra L. Larson 733.04
15370 Jon D. Priem 1,084.36
15371 Jeffrey J. Weiler 448.26
$10,913.97
Medina City Council Meeting Minutes
September 16, 1997