HomeMy Public PortalAbout10/16/01 CCM225
MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 16, 2001
The City Council of Medina, Minnesota met in regular session on October 16, 2001 at 7:30 p.m.
in the City Hall Chambers. Mayor John Ferris presided.
Members present: Ferris, Lane, Smith (arrived at 7:40 p.m.), and Zietlow.
Members absent: Workman.
Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman,
City Engineer Tom Kellogg, Planning & Zoning Administrator Loren Kohnen, Robyn Sauer
Recording Secretary, and Administrator Clerk -Treasurer Paul Robinson.
1. Additions to the Agenda
A. Approval of Additional Special Meetings.
B. Planning & Zoning Update.
Moved by Phil Zietlow, seconded by Jim Lane, to approve the agenda as amended. Motion
passed unanimously.
2. Approval of the September 4, 2001 Regular City Council Meeting Minutes
There was one correction on page two, under number nine, third sentence from the bottom,
should read: "Jim Lane asked Ron Batty if the City was under legal obligation to advertise
Planning Commission vacancies."
Moved by Phil Zietlow, seconded by Jim Lane, to approve the minutes of September 4, 2001 as
amended. Motion passed unanimously.
3. Approval of the October 2, 2001 Regular City Council Meeting Minutes
Jim Lane said he had extensive suggestions and referred the original draft back to staff to
rework.
Moved by Jim Lane, seconded by Phil Zietlow, to table approval of the October 2, 2001 regular
City Council meeting minutes. Motion passed unanimously.
4. Consent Agenda
A. Approval to Release the Final Letter of Credit — Foxberry Farms 6th Addition.
Moved by Phil Zietlow, seconded by Jim Lane, to table the approval to release the final letter of
credit for Foxberry Farms 6th Addition. Motion passed unanimously.
5. Comments from Residents in Attendance on Items Not on the Agenda
There were none.
6. Park Commission Comments
There were none.
7. Planning Commission Comments
Loren Kohnen said at the next City Council meeting there will be two conditional use permits, a
variance, a replat, and a request for a variance that was denied at the last Planning Commission
meeting.
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October 16, 2001
226
Carolyn Smith arrived 7:40 p.m.
8. Approval of the 2002 LMCC Budget
Sally Koenecke explained the budget and noted that the LMCC is a joint powers agreement
between 16 cities. Koenecke said this year's budget was similar to last year's budget, with the
exception of the one time expenditure for an audit of Mediacom Financials.
Koenecke noted with the upgrade of the system, a few items have come up and the LMCC is
trying to get them resolved. Recently, the LMCC met with Mediacom to make sure they
understood their obligations.
Koenecke said Mediacom has talked about exchanging three miles of cable installation in
Independence for installation of cable to the Medina City Hall. Koenecke said Mediacom has
indicated they have been unable to get T-1 lines from the phone company in order to gain
Internet access.
Phil Zietlow asked how many users are in the system. Koenecke replied there are
11,000 users.
Phil Zietlow asked how many complaints had been received. Koenecke responded the LMCC is
averaging approximately twenty complaints per month.
Phil Zietlow asked if Mediacom was on par with other cable companies. Koenecke said that
Mediacom has only been able to provide their Internet services to around 1/3 of their customers.
She said that Mediacom has been unable to get the needed materials.
Paul Robinson asked if the same amount of grievances had been filed in previous years as this
year. Koenecke replied no. She explained that Mediacom has not been responding in a timely
manner and, therefore, LMCC has filed a franchise violation against them.
Phil Zietlow asked what the repercussions would be for the violation. Koenecke responded that
they will be fined and that there would be additional costs if they didn't fix the problem.
Koenecke said it would be possible to choose another cable company, but there was a fairly
involved process that would need to be followed in order for this to occur.
Jim Lane asked what the length of the contract was with Mediacom. Koenecke replied they
were in the second year of a fifteen -year contract.
Paul Robinson said that the burying of cable has been an issue with a number of Medina
customers. Koenecke noted the LMCC has started documenting things and would send a
violation notice for every complaint. Koenecke said if Mediacom doesn't follow up, the
Commission would bury the cable and charge Mediacom.
Carolyn Smith asked if Koenecke goes out to see if the cable company has buried the cable.
Koenecke replied no, she doesn't send people around to see if cable has or has not been
buried.
Carolyn Smith suggested the LMCC call and ask if cable has been buried. Koenecke replied
the Commission isn't informed as to whom is getting cable.
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October 16, 2001
227
Carolyn Smith said it should not be the policy to just have residents call and complain; the
LMCC should be more proactive than that.
Moved by Jim Lane, seconded by Phil Zietlow, to approve the 2002 LMCC budget. Motion
passed unanimously.
9. Petition for Environmental Assessment Worksheet (EAW)
John Ferris said the nature of this project has changed and the petitioner is now requesting
development in a different location where their existing structures and facilities are located.
John Ferris commented he has respect for people expressing opinions and asked the public to
please do so.
Jim Lane asked Ron Batty to discuss the status of the petition to the Environmental Quality
Board (EQB) and give a sense of the timing. Ron Batty said that when the petition is submitted
to the EQB, it then reviews the petition and determines who should be the Responsible
Goveming Unit (RGU).
Ron Batty said the City Council went through this two years ago with an industrial project near
the Foxberry Farms development. At that time the City Council determined the petition did not
raise significant environmental issues.
Ron Batty said the City Council would have 30 working days to make the determination whether
they should order the preparation of the EAW or whether the environmental process should be
stopped.
Jim Lane asked if the City Council could wait 30 days and then, at that point, ask for the
assistance of a consultant. Ron Batty replied the City Council should engage a consultant to
evaluate the facts and allegations in the petition, talk to the stakeholders, and then come back
with a recommendation. Ron Batty said there was no penalty for not doing it within the 30-day
period, but noted there was some difficulty with the calendar, as the 30-day period would cover
both November meetings, but would not make it to the December 4 Council meeting.
Jim Lane suggested appointing a task force to look at the issue of a moratorium on
development in the Agricultural Preserve District. Phil Zietlow said he would like to hire a
professional planner who is knowledgeable in Agricultural Preserve zoning.
Carolyn Smith said she doesn't have a problem putting a moratorium on the Agricultural
Preserve land as a safe guard so nothing can come forward until the process is done.
Ron Batty said the Leatherdales have proposed an amended CUP to build a new barn on their
homestead property. That process requires a review by the Planning Commission as well as
the City Council. The CUP application would go to the Planning Commission on November 13,
2001, and would then come back to the City Council on November 20, 2001.
Ron Batty said he was reluctant to have the City spend money hiring a consultant to review the
EAW especially if the proposal is withdrawn. He said the CUP will likely be considered at the
last regular meeting before the expiration of the 30 days. Ron Batty said the City Council could,
at that point, hold a special meeting, wait until the December 4, 2001 meeting, or enlist a
consultant last minute. He noted November 26 is the expiration of the 30 days.
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October 16, 2001
228
Kirsten Chapman said she was the resident who sent the mailer. She said that since the EAW
petition would act as a moratorium it would be all right to table this issue to the November
meeting because nothing could be initiated until after a decision has been made on the EAW
petition.
Chapman said issues have been raised about "holes" in Medina's zoning ordinances. She
noted in terms of land use, a turkey farm or peacock farm could slip in the hole. Chapman
commented a task force was an extremely important step and said the City needed to review its
ordinances. She reiterated that she was not uncomfortable having a decision on the
moratorium tabled to the second meeting in November.
Carolyn Smith clarified that the EAW petition was a moratorium on the current proposal, not on
the rest of the land in Agricultural Preserve in the City.
Carolyn Smith said a good place to start looking at regulating agricultural practices was in the
Agricultural Preserve areas. She said she would like to put a moratorium on all Agricultural
Preserve land as a comfort measure, since there are currently inadequate safeguards and
controls in this district Agricultural Preserve.
Ron Batty said with regard to the EAW, the petition needed to be dealt with. He suggested the
City hire a consultant, but have him go slow.
Jim Lane asked if the cost would be borne by the City. Ron Batty replied yes, and noted last
time the cost was passed through to the applicant because it was a commercial application.
Ron Batty said staffs intent would be to have the consultant go slow because there was a
possibility their review may not be needed.
Ron Batty said Hugh Maynard's letter stated if the CUP was approved and permits were issued,
then the application on the Agricultural Preserve piece would be withdrawn.
Hugh Maynard, the attorney for the Leatherdales, said they reached a confidential agreement
with Ms. Chapman, which includes a stand still agreement. He said the Leatherdales will not go
forward with their permit on their Agricultural Preserve land until it is concluded to be fruitless to
go forward with the CUP alternative on their homesteaded property. He said if this happens, the
Leatherdales will give Ms. Chapman notice and no permit would be drawn until one City Council
meeting after notice has been given. The attorney commented he thinks the moratorium is
unnecessary.
Phil Zietlow said the City Council could play the moratorium "card" at any time.
Carolyn Smith noted Bruce Workman originally didn't want to do a moratorium because there
was a project before the City Council. She said there were controls on Rural Residential, but
not on the Agricultural Preserve, and reiterated that the moratorium would be a safeguard.
Bob Djupstrom, supervisor of the DNR's Scientific and Natural Areas, said his concern lies with
the scientific and natural area south of the proposed development called Wolsfeld Woods. He
explained some of the unique characteristics of Wolfsfeld Woods and Wolsfeld Lake. He said
that Wolsfeld Woods is one of a few remaining "Big Woods" areas in the State of Minnesota and
this area has been studied over many years. He said Wolsfeld Lake has also been studied
Medina City Council Meeting Minutes
October 16, 2001
229
extensively. He said the proposed facility on the Agricultural Preserve land could affect the
water quality of the lake.
Djupstrom said he was concerned about the integrity of the Wolfsfeld Woods with regard to the
increased horse use and noted it could result in an increase in exotic plant species, erosion, and
a degradation of the forest community.
Djupstrom urged the City Council to carefully consider any request for development around
Wolfsfeld Woods.
Paul Robinson asked if the City Council needed to take action to extend the review period an
additional fifteen days. Ron Batty replied yes.
Moved by Jim Lane, seconded by John Ferris, to authorize hiring an environmental consultant
with regard to the EAW petition, with a request to report back to the City Council by November
20, 2001.
There was some discussion about whether or not the environmental review should be done by
November 20, 2001.
Robinson said that if the Council required a review by that date, it would not matter if the review
proceeded slowly or not. The money for the review would need to be spent before that in order
for the review to be done by November 20, 2001. Motion passed unanimously.
Moved by Jim Lane, seconded by Carolyn Smith, to request an additional fifteen day review
period. Motion passed unanimously.
10. Consideration of Moratorium within the Agricultural Preserve District
Carolyn Smith said she would like the Council to vote on a moratorium.
Phil Zietlow said he didn't want to play that "card" until they had to.
Jim Lane said he was ready to take the risk that the other property owners won't jump up and
propose something, and noted a lot of progress had been made between the Leatherdales and
Ms. Chapman.
Moved by Jim Lane, seconded by Carolyn Smith, to table consideration of a moratorium within
the Agricultural Preserve District to the November 20, 2001 meeting. Motion passed
unanimously.
Paul Robinson asked the City Council to empower staff to come back with options for a task
force or a planner. Carolyn Smith said she would like to meet with staff.
Ron Batty said the process illuminated dangers in Rural Residential and the Agricultural
Preserve. Rural Residential is a large percentage of the community, and proposals would take
time and resources.
Moved by Carolyn Smith, seconded by Phil Zietlow, to direct staff to come back at the
November 6, 2001 meeting with a proposal to set up a committee to study those issues.
Motion passed unanimously.
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October 16, 2001
230
Carolyn Smith suggested the public sign a sheet with their names and addresses so they could
be kept informed of the committee meeting times and dates.
Susie McKay said she had spent nine years on the Planning Commission and commented it
was wonderful to see residents come to the meeting. McKay noted the spirit of community was
strong, and the Leatherdales and their neighbors were good examples. McKay said she was
proud to see the City work this way and encouraged the residents to run for office, continue to
come to meetings, and speak up.
Jim Lane asked if the consultant hired to provide advise of the environmental impact would also
complete the worksheet if the Council so directed. Ron Batty said that would probably make
sense.
Ron Batty noted the statutory question was whether the project might have the potential for
significant environmental threats.
11. Planning and Zoning Update
Loren Kohnen said he recently met with the owners of Tol-O-Matic concerning an expansion of
their facility. He said he was working with them on access and fire lane issues.
Kohnen said he also recently met with representative of Walter G, Anderson. They are also
working on replating their property to prepare for an expansion of their facility.
12. Holy Name Assessment
Paul Robinson said he passed out a revised assessment roll. He said this revision was based
on the final cost of the project and was also revised to reflect a $5,000 credit for two property
owners who were provided with a less costly grinder pump system.
Paul Robinson said the City has also charged the developer $13,000 in liquidated damages.
However, since he was not sure the City would receive that money, the total assessment was
not reduced by that amount. He said if and when the City receives it, the Council can, at that
point, decided if they want to reduce the assessment or keep it for other projects.
Moved by Carolyn Smith, seconded by Phil Zietlow, to adopt Resolution 01-55 approving a
revised assessment roll for the Holy Name Lake Sewer Project. Motion passed unanimously.
13. Approve Gambling License for Loretto Fire Relief Association
Paul Robinson said this permit had been before the City Council once before. He said since
that time, Ron Batty determined that the license was allowed by our gambling ordinance
because it was a premises permit. Robinson also noted that the application has the wrong
dates on it, however, the resolution has the correct ones.
Moved by Carolyn Smith, seconded by Phil Zietlow, to adopt Resolution 01-56 approving a
Premises Permit Renewal for pull -tabs at the Big Woods Saloon for the Loretto Fire Department
Relief Association. Motion passed unanimously.
14. Letters of Support and Proclamations
Paul Robinson said he recently received two letters of support, one from the Northwest Senior
Association looking for a grant for chores services, and one from the Hennepin Conservation
District. He said the deadlines have come and gone for both. He commented he was looking
for direction on how to handle these requests in the future.
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October 16, 2001
231
Jim Lane said Medina can and should support the Hennepin Conservation District and guessed
this was an example of urban dominated County Commissioners thinking this was an
expendable agency.
Phil Zietlow said the Hennepin Conservation District has expanded and noted maybe the
County wanted to cut back on the number of people.
Carolyn Smith said she had no idea what the Northwest Senior Association did, would like to
know what they offer, and how they benefit seniors.
Carolyn Smith commented before they give a letter of support, they need to know what the
Association does and how the seniors benefit.
Paul Robinson said the City has contributed to the Northwest Senior Association for eight to ten
years; therefore, he believed the City Council must support the Northwest Senior Association
because they have been giving them $2,000 per year.
Paul Robinson wanted to know if letters of support need to come to the City Council first in order
to find out if the Council is comfortable with them.
The consensus of the Council was that staff bring all of these requests to the Council for
direction before acting on them.
Robinson said the City also receives several proclamation requests and wondered if there was
a way to filter these or if the Council wanted to review each request.
The Council said they wanted to have staff bring forward all proclamation requests.
Paul Robinson said Bob Fischer had submitted a request for a proclamation for affordable
housing week. Phil Zietlow thought the City Council had already adopted that proclamation.
Paul Robinson said he would check on it.
15. 2002 Budget — Request for Additional Employee
Paul Robinson said this item concerns the 2002 budget request for an additional employee to
be split between Administration and the Planning & Zoning Departments. He provided
background on the position and noted the proposal would replace the contract planning and
zoning services and the City intern position with a full-time employee. Other duties not
mentioned in the memo would include helping to fill in during vacations by answering phones,
filling out building permits, etc.
Phil Zietlow said he was not ready to make a decision tonight and commented he was
concerned with the timing. He noted there were currently 4,000 people in the City and needs
will increase; however, Medina had just come through a huge period of big projects and
comprehensive plans without an additional employee.
Phil Zietlow said that since the nation is faced with a recession, the City won't see a lot of
development for the next year at least; therefore, the need for a full-time person this year is
diminished.
Medina City Council Meeting Minutes
October 16, 2001
232
Carolyn Smith said if the position were to come about, an important part of that job would be
filling in for vacationing employees. She commented she wanted to be sure employees don't
feel they need to come to work sick or can't take vacations.
Paul Robinson agreed with Phil Zietlow about the current economy; however, he said it seems
like we always think that nothing will come along, but things do keep coming up. He said the
City is trying to improve the variance process and need to work on Conditions Use Permits, on
our application processes, and on checklists for reviewing land use applications. Robinson said
that getting groundwork in place when the City is not so busy would be helpful.
Phil Zietlow said he was concerned with the position being so broad.
Jim Lane said you couldn't recruit someone worth their salt who was also willing to answer
telephones. Paul Robinson replied a lot of basic resolutions could be written at a staff level.
Robinson said they needed to hire someone who was confident and willing to pitch in.
Robinson said when Laura and Sandie are gone he is the one who answers the phones. He
said if this position is approved, then a committee should be set up to conduct the interviews
and look for a person who fits this position.
Carolyn Smith said a portion of the memo that was really important noted it would be necessary
to have a training period. Paul Robinson said that money was budgeted to have Loren Kohnen
continue with the City on a consulting basis. He could help train this person and provide
assistance to the City on more significant projects.
Moved by Phil Zietlow, seconded by Carolyn Smith, to table the request for an additional
employee for two weeks. Motion passed unanimously.
Jim Lane noted he would like to see prioritization of the job requirements. Paul Robinson
replied he would tighten up the job description.
16. Approval of Additional Special Meetings
Paul Robinson said next Tuesday was scheduled to be the Department Head reviews, but the
Council could pick another day. Carolyn Smith asked if the meeting could be moved to October
30, 2001.
Moved by Carolyn Smith, seconded by Jim Lane, to change the Department Head reviews to
October 30, 2001 at 6:00 p.m. Motion passed unanimously.
Paul Robinson asked if the City Council wanted a special meeting to talk to contract services.
Carolyn Smith replied the Council should talk to all contract services and she would like to see a
contract or document for each one.
Jim Lane said he would like to see a list of contractors and whether or not they have contracts.
Paul Robinson responded he would provide a list and whether there is a contract or document
on file.
17. Pay the Bills
Moved by Carolyn Smith, seconded by John Ferris, to approve the bills, order check numbers
22979-23039 for $75,300.03, and payroll check numbers 17284-17298 for $17,868.50. Motion
passed unanimously.
Medina City Council Meeting Minutes
October 16, 2001
233
18. Public Works Update
Jim Dillman said Brockton Lane was paved.
19. Police Update
Police Chief Ed Belland gave a security update for the City.
20. Adjournment
Moved by Jim Lane, seconded by Phil Zietlow, to adjourn the meeting at 9:41 p.m. Motion
passed unanimously.
Joh , = Ferris, Mayor
Att
Paul Robinson, dministrator-Clerk-Treasurer
i F,,,74-1?
Medina City Council Meeting Minutes
October 16, 2001
234
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Medina City Council Meeting Minutes
October 16, 2001
235
ORDER CHECKS - OCTOBER 16, 2001
22979 ORCHARD TRUST $880.00
22980 A.T.& T $44.22
22981 AMERICAN EXPRESS $300.00
22982 AMERIPRIDE LINEN & APPAREL SVC $50.97
22983 ARCHIES' LOCK & SAFE INC $153.81
22984 BEST WESTERN KELLY INN $64.67
22985 BUDGET PRINTING $280.10
22986 BUFFALO BITUMINOUS $7,432.58
22987 CASE CREDIT CORPORATION $1,115.64
22988 CHORLEY, MICHAEL $173.60
22989 CONNELLY IND. ELECT. $1,753.50
22990 CULLIGAN $49.20
22991 DILLMAN, JAMES $75.00
22992 DOBOSZENSKI & SONS, INC. $245.00
22993 DRESSEL, ROBERT $75.00
22994 FORTIN HARDWARE $58.72
22995 FORTIS BENEFITS $263.96
22996 GENUINE PARTS $8.26
22997 GLENWOOD INGLEWOOD $56.94
22998 GOPHER STATE ONE CALL $325.50
22999 HATCH, JIM SALES $571.87
23000 HENNEPIN CO.TREAS.,ACCTG.SVCS. $444.50
23001 KEN'S SNOWPLOWING & BOBCAT $1,900.00
23002 KOCH & SONS $7,249.70
23003 KUSTOM SIGNALS, INC. $619.25
23004 LAKE BUSINESS SUPPLY $245.64
23005 LAKESHORE WEEKLY NEWS $157.50
23006 LAWN DETAILERS $1,520.00
23007 LEAGUE OF MN CITIES INS.TRUST $500.00
23008 LONG LAKE, CITY OF $3,964.00
23009 METRO.COUNCIL ENVIRO. SERVICES $15,100.07
23010 METROPOLITAN COUNCIL WASTEWTR $6,792.50
23011 MIDWEST ASPHALT CORPORATION $2,674.84
23012 MINN COMM $28.61
23013 MINNESOTA STATE TREASURER $1,266.98
23014 NELSON, JASON . $80.73
23015 NEXTEL WEST CORP $551.25
23016 NORTHWEST SURBURBAN CHAMBER $105.00
23017 OWL ENGINEERING & EMC TEST LAB $3,300.00
23018 PLYMOUTH, CITY OF $16.00
23019 PROGRAM SHARING 2001 INVOICE $110.00
23020 PRUDENTIAL INSURANCE CO. OF AM $142.90
23021 QWEST $552.49
23022 RCM SPECIALTIES, INC. $1,300.00
23023 REYNOLDS WELDING $23.96
Medina City Council Meeting Minutes
October 16, 2001
236
ORDER CHECKS - OCTOBER 16, 2000 (CONT'D)
23024 SCHERER MEATS $950.00
23025 SCHERER, STEVEN $75.00
23026 SCHMIDT CURB CO. $750.00
23027 SPECIALTY PENCILS $181.12
23028 STREICHER'S $11.66
23029 TALLEN & BAERTSCHI $2,032.58
23030 TWIN CITY WATER CLINIC $20.00
23031 U.S. FILTER/WATERPRO $771.36
23032 USPS $500.00
23033 VALVOLINE FLEET SERVICES $53.14
23034-35 VERIZON WIRELESS $377.38
23036 VIEAU, CEC $29.98
23037 WESTSIDE WHOLESALE TIRE $113.31
23038 WRIGHT-HENNEPIN ELECTRIC $1,668.25
23039 XCEL ENERGY $5,141.79
$75,300.03
PAYROLL CHECKS - OCTOBER 9, 2001
17284 ROBINSON, PAUL A. $1,305.97
17285 SCHERER, STEVEN T. $1,063.31
17286 MCGILL, CHRISTOPHER R. $1,445.68
17287 DILLMAN, JAMES D. $1,545.11
17288 DRESSEL, ROBERT P. $961.71
17289 BELLAND, EDGAR J. $1,905.35
17290 VIEAU, CECILIA M. $992.56
17291 SULANDER, LAURA L. $1,123.10
17292 LARSON, SANDRA L. $896.11
17293 BOECKER, KEVIN D. $919.62
17294 PRIEM, JON D $1,147.05
17295 CHRISTENSON, JEREMY $1,344.94
17296 NYSTROM, JAMES $1,358.83
17297 DERMODY, WILLIAM H. $659.57
17298 NELSON, JASON $1,199_.59
$17,868.50
Medina City Council Meeting Minutes
October 16, 2001