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HomeMy Public PortalAbout11/16/99 CCM199 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 16, 1999 The City Council of Medina, Minnesota met in regular session on November 16, 1999 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Johnson, and Smith. Members absent: Hamilton. Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Glenn Cook, Planning & Zoning Administrator Loren Kohnen, and City Clerk -Treasurer Paul Robinson. 1. Pledge of Allegiance 2. Additions to the Agenda A. Resolution certifying delinquent sewer, water and recycling. B. Presentation about the City's CPR program. C. Extend the public hearing for Cedar Street and Spruce Street. D. Set up a public hearing for Mill Street. E. Recognition of the Spring Hill Golf Course $5,000 donation. F. Executive session to discuss potential litigation issues concerning Chippewa Road. Moved by Phil Zietlow, seconded by Jim Johnson, to approve the agenda as amended. Motion passed unanimously. 3. Approval of the Minutes from November 2, 1999 Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the minutes of November 2, 1999 as presented. Motion passed unanimously. 4. Comments from Residents in Attendance on Items Not on the Agenda There were none. 5. Park Commission Comments Jim Dillman said the skating rink light has been installed at the park. 6. Planning Commission Comments There were none. 7. Presentation from Steve Tallen Concerning the Prosecution Rates for 2000 Steve Tallen said he was here this evening to ask for an increase and also to update the City Council on his activities. He said earlier this year he had asked the City Council to pursue an appeal in the Whitley case. He said the verdict is back and he won the appeal. Tallen said he has heard from other judges and lawyers about this appeal and hopes it will have some long term impact. He said there have been different ways to compute the cost of living. He said he checked with a number of different sources. Overall he came up with 2.8% increase, which amounts to $2.44 an hour. He said he rounded it up to $2.50 per hour. He believes he is still in the ballpark with what prosecutors are charging. Phil Zietlow asked about the change in the fine ratio. Medina City Council Meeting Minutes November 16, 1999 200 Steve Tallen said there is a lot of discussion about this. The current proposal is for an 80-20 split where 20% of the revenue would go to court administration fees, and 80% to the City. Also there was some talk about raising fines from $87.50 to $103.00 in conjunction with the next fine split. Ed Belland said that chiefs are not very happy with this proposal. Steve Tallen said the administrator's office is working on legislation to propose to the state legislature to approve these fee changes. He said that the court administrator's office would like to get some backing from the cities in order to pull this off. There was some discussion about the court administrator's office. Steve Tallen said that the court administrator is hired by the chief judge and basically answers to the judges as a whole. He said that the county board has the ultimate control over the court administrator's budget. He said currently $11.50 of the $87.00 ticket goes to court administration; the rest goes to the City. Tallen said that part of the reason they would like an increase was to invest in better collection procedures. Tallen said that there are millions of dollars in unpaid fines. He said for example the county recovered $470,000 in fines from sales tax rebate checks. Moved by Carolyn Smith, seconded by Jim Johnson, to approve the increase for Steve Tallen. Motion passed unanimously. Steve Tallen thanked the Council for listening to him and hoped to see them next year. He said the officers have been very busy and have created a lot more activity, however, so far his overall fees have not increased over last year. He said in time however these could increase somewhat because out of 10 to 15 tickets, one person is likely to contest it. 8. Officer Nystrom Concerning CPR Class Jim Nystrom thanked the City Council for approving the CPR expenditures. He said he believed this is a valuable lifesaving skill that they would like to pass on to the citizens of Loretto, Hamel and Medina. He said he is a CPR instructor authorized to teach lay people as well as first responders. He said he started out by teaching the reserves and the City's Community Service Officer. Recently, he also worked with the public works department so they could meet their OSHA requirements. He said the next class is going to involve City employees and their spouses and then other classes could involve the City Council and their spouses as well. He said there was a question from the Council about whether or not the residents could be involved. He said at Hennepin Parks he set up classes for residents, however, he was waiting until some time next year to set up classes for the public at large. He said they purchased five adult mannequins and two child mannequins. He gave a quick demonstration and described the benefits of these particular mannequins versus the Resusi- Annie which most people would be familiar with. Jim Nystrom said that the class does not only consist of working with the mannequin. It also includes other skills such as: how to make your home safe, childproofing your home, ways to reduce stress, and other safety issues. Phil Zietlow asked how long the class would take. Nystrom said that it is usually a four-hour class. He thanked the City Council once again. The City Council thanked him for his efforts. Medina City Council Meeting Minutes November 16, 1999 201 9. Spring Hill Golf John Ferris said that he wanted to recognize Spring Hill Golf Course for their second donation of $5,000 towards the tree fund. The Council thanked Spring Hill Golf Course. 10. Amendment for the Conditional Use Permit for Holy Name Church John Ferris said he and Loren Kohnen had made a number of trips over to Holy Name Church regarding their conditional use permit. He said he and Kohnen had been working with them on how they could comply with the CUP based on the modifications made at the last meeting. He said they told the Holy Name representatives that a minimum of an eight foot height must be met between the height of the berm and the tree height, and in area where there is no berm the trees have to be at least eight feet high in two staggered rows, twelve foot on center. Loren Kohnen said he will not release or reduce letter of credit without Council approval. Moved by Phil Zietlow, seconded by Jim Johnson, to approve Resolution 99-70 amending the Holy Name Conditional Use Permit. Motion passed unanimously. There was some additional discussion about the lighting on the site. John Ferris said that he and Loren Kohnen had gone out with a light meter and had gotten some significantly high readings in and around the area. He said that they are working with the church to keep the lights off when there is no need for them. He said this is an issue that will need further attention. Carolyn Smith said that lighting needs to be addressed as a part of the current ordinance process. 11. Approval of the Bids for the Independence Beach Forcemain Moved by Jim Johnson, seconded by Phil Zietlow, to approve the low bid of $67, 088 from Jedlicki Inc. Motion passed unanimously. Phil Zietlow asked if the cost of this force main was being divided between the cities based on the Tri-City agreement. Jim Dillman said that yes it was gong to be divided amongst the Cities, however, some of the Cities may need a couple of years to pay Medina back. Phil Zietlow asked if there was going to be problems with this. Jim Dillman said he was not planning on having any problems. Glenn Cook said there is an agreement in place and the cost will be divided per the agreement. 12. Resolution 99-71 Supporting the Realignment of 55 and Willow Drive The resolution was not included in the packet, therefore, Glenn Cook described the purpose of the resolution. He said basically they were showing MnDOT a proposal for the realignment of this intersection with eventual installation of a traffic signal. He described which entrances onto 55 would need to be closed or modified. He described the frontage road, which may be modified to serve QX. He said at the present time they are showing a right in, right out at QX, but MnDOT may want that entrance closed and have all of the traffic from QX going out to the signalized intersection. Medina City Council Meeting Minutes November 16, 1999 202 He went through a number of the other intersections. He said that the total cost of this project is estimated at $1,135,000. He said they would apply this year for MnDOT financing. He said typically MnDOT would pay 3/4 of the cost and the City would have to pay 1/4 of the cost. He said that the total cost to the City in this particular instance would be around 40% or $400,000. That amount would then be assessed back to the properties in the area based on some type of area charge. He said that they are not sure at this time on what this charge would be based, it could be based on the number of employees, acreage, valuation, or a combination of those factors. At this point it is yet to be determined, however. What they need now is a motion from the City Council approving this concept and authorizing them to proceed with closing these accesses to 55 and applying to MnDOT for the realignment and signalization of this intersection. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve Resolution 99-71. Motion passed unanimously. 13. Townline Road South Jim Dillman said he included a memo and letter concerning this issue. He said the City of Orono would like to work with Medina to provide a frontage road to those properties and that the owners of the property in Medina would like to start working on receiving sewer and water service to their properties so that they can develop their property as Suburban Residential as it is currently guided. Jim Dillman asked if the Council would be okay with providing sewer and water to these properties and have the properties pay the assessment as they develop much like Cherry Hill was done. The consensus of the Council was to move forward with the idea of providing sewer and water to these properties in the same manner as Cherry Hill. Since there would not be any additional cost to the City, this assessment would basically proceed the way any other typical assessment would. Jim Dillman said he would go back to the property owners and tell them that and start working with the City of Orono on the frontage road issue. 14. Vacation of Cedar Avenue Paul Robinson showed an overhead and described where the City Council had decided to vacate Cedar Avenue. He said that as of yet he still had not found any documentation showing that Spruce Street had been vacated. He said that he would like to postpone the hearing in order to take some additional time to look for that documentation and also have the council authorize vacation of Spruce Street if needed. Moved by Carolyn Smith, seconded by Phil Zietlow, to set the vacation of Cedar Avenue and Spruce Street for December21, 1999. Motion passed unanimously. 15. Set Public Hearing for the Vacation of Mill Street Paul Robinson said basically this issue was brought to the City by the owners of the Farmers State Bank of Hamel and Fortin Hardware. Basically, the Fortin Hardware store sits on a portion of the City right of way. However, the road, as traveled is not located in the same place as the right of way. They are trying to correct this issue in order to register their properties. He said they would like to accomplish this by having the City vacate Mill Street and then having the Farmers State Bank of Hamel give an easement to the City for the portion of the road that resides on their property as traveled. There was a significant amount of discussion about this easement. Ron Batty said that what they are actually looking for tonight are three items. One is for the Council to set the public hearing for the 21 st, the second is for authorizing a survey so that this property can Medina City Council Meeting Minutes November 16, 1999 203 be accurately mapped and the third is to move forward with the registration of the Hyberg property. He said that registering the Hyberg property will allow them to use the $5,000 set aside in escrow to ensure access to the Hyberg property. He said this could pay for the survey and some of the other costs related to this action. Ron Batty said the City is responding to a land registration request from the bank and from the owners of the hardware store. Moved by Jim Johnson, seconded by Phil Zietlow, to set the public hearing for vacating a portion of Mill Street for December 21, 1999, for authorizing the City Staff to pursue a survey for $2,300 and to move forward with the registration of the Nyberg property. Motion passed unanimously. 16. Resolution 99-72 Approving the Recycling Commission Joint Powers Agreement Carolyn Smith said that the City of Orono was missing from the resolution. That was added. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve Resolution 99-72 as amended. Motion passed unanimously. 17. Approval of the Resolution 99-73 Certifying Delinquent Sewer, Water, Recycling Bills Moved by Jim Johnson, seconded by Phil Zietlow to approve the resolution. Motion passed unanimously. 18. Pay the Bills Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the bills, order check numbers 20343-20409 for $86.314.51, and payroll check numbers 16327-16340 for $15,227.35. Motion passed unanimously. 18. Executive Session Moved by Carolyn Smith, seconded by Jim Johnson, to close the meeting and go into executive session at 8:50 p.m. to discuss potential litigation concerning Chippewa Road. Motion passed unanimously. Moved by Carolyn Smith, seconded by Jim Johnson, to reconvene the regular session. Motion passed unanimously. 25. Adjournment Moved by Carolyn Smith, seconded by Jim Johnson, to adjourn the meeting at 9:26 p.m. Motion passed unanimously. John B. Ferris, Mayor Attest: Paul Robinson, City Clerk -Treasurer Medina City Council Meeting Minutes November 16, 1999 204 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes November 16, 1999 205 ORDER CHECKS - NOVEMBER 16, 1999 20343 Orchard Trust $1,312.00 20344 P.E.R.A. 2,959.69 20345 Air Touch Cellular $192.29 20346 American Express $333.52 20347 American Public Works Assn $125.00 20348 Ameripride Linen & Apparel Svc $47.19 20349 Anderson, Earl F. $79.12 20350 Barton Sand & Gravel $1,524.52 20351 Bryan Rock Products $10,299.24 20352 Budget Printing $809.05 20353 Construction Bulletin $188.50 20354 Construction Midwest $414.07 20355 Cy's Uniforms $12.70 20356 Dustcoating, Inc. $957.00 20357 Erickson, Rolf Ent., Inc $3,303.04 20358 Fortin Hardware $48.03 20359 Fortis Benefits $246.76 20360 G & H Distributing $63.20 20361 Genuine Parts $33.73 20362 Glenwood Inglewood $41.60 20363 Goodin Co. $125.54 20364 Gopher State One Call $274.75 20365 Hamel Building Center $34.32 20366 Hawkins Water Treatment Group $35.00 20367 Hennepin County Public Svcs $50.00 20368 Hennepin County Sheriff $718.86 20369 Innovative Electronic Solution $152.87 20370 Intoximeters, Inc $213.00 20371 Johnson, H.L $1,000.00 20372 Kath Companies $106.52 20373 Lake Business Supply $101.98 20374 Lakeshore Weekly News $97.50 20375 Law Enforcement Labor Services $165.00 20376 Lawn Detailers $970.00 20377 League Of Mn Cities, Fin. Dept $75.00 20378 Long Lake, City Of $3,313.25 20379 Mayer Distributing $3,042.00 20380 Maysis Corporation $159.00 20381 Mccollister & Co. $367.75 20382 Metro Utilities $22,750.00 20383 Metro West Inspection $6,189.35 20384 Metro.Council Enviro. Services $13,916.17 20385 Midland Nursery $298.20 Medina City Council Meeting Minutes November 16, 1999 206 ORDER CHECKS — NOVEMBER 16, 1999 (cont'd) 20386 Midwest Automotive $166.56 20387 Minn Comm $30.69 20388 Minnesota Child Supp. Pyt.Ctr. $595.00 20389 Nextel West Corp $551.25 20390 Northern States Power $1,081.44 20391 Priority Courier Experts $21.55 20392 Reynolds Welding $23.11 20393 Samaritan Tire Co., Inc. $1,276.18 20394 Schoell & Madson, Inc. $489.30 20395 Schoening Exc. $4,295.50 20396 Singh, J.S $360.00 20397 Streicher's $525.31 20398 Tallen & Baertschi $2,429.32 20399 Thibault Associates $237.50 20400 Twin City Water Clinic $20.00 20401 U.S. Filter/Waterpro $692.25 20402 U.S. West Communications $85.20 20403 Uniforms Unlimited $73.00 20404 Unum $76.25 20405 Unum Life Ins. Co. Of America $23.25 20406 Westside Wholesale Tire $60.00 20407 Wright -Hennepin Electric $74.69 20408 Zee Medical Service $95.10 20409 Zep Manufacturing $157.44 110 1b.. PAYROLL CHECKS — NOVEMBER 8, 1999 16327 Paul A. Robinson 940.03 16328 Steven T. Scherer 990.25 16329 Christopher Mcgill 1,086.99 16330 Michael J. Rouillard 1,293.18 16331 Scott W. Kroeger 1,227.59 16332 James D. Dillman 1,281.86 16333 Robert P. Dressel 932.02 16334 Edgar J. Be!land 1,702.26 16335 Cecilia M. Vieau 839.48 16336 Laura L. Sulander 987.03 16337 Sandra L. Larson 843.07 16338 Jon D. Priem 1,210.11 16339 Jeremy Christenson 851.47 16340 James Nystrom 1,042.01 $15,2227.35 Medina City Council Meeting Minutes November 16, 1999