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HomeMy Public PortalAbout12/07/99 CCM209 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 7, 1999 The City Council of Medina, Minnesota met in regular session on December 7, 1999 at 7:30 p.m. Mayor John Ferris presided. Members present: Carolyn Smith, John Ferris, Phil Zietlow and James Johnson. Members absent: John Hamilton. Staff Present: Police Chief Ed Belland, City Engineer Glenn Cook, Public Works Director Jim Dillman, City Attorney Ron Batty, and City Clerk -Treasurer Paul Robinson. Guests Present: Tom Caswell, and Saundra Spigner. 1. Approval of the Agenda A. Add Donation Acknowledgement. B. Add Friday Report. C. Remove Item B2 from Agenda. D. Add Executive Session to Discuss Potential Litigation Concerning Holiday Station. Moved by Phil Zietlow, seconded by Carolyn Smith, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes of November 16, 1999 Regular City Council Meeting Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the minutes as presented. Motion passed unanimously. 3. Recognition of Donation John Ferris said he wanted to recognize Loren Kohnen and Metro West Inspections for a $15,000 donation. This was a portion of the Hennepin County building permit fee that would have been paid to Metro West Inspections. Ferris said $10,000 was for landscaping and other upgrading around City Hall and the other $5,000 was for the fireworks for the cabin social. 4. Comments from Residents in Attendance on Items not on the Agenda John Beasley said he thought the public hearing for the vacation was for tonight. He was told that it would be at the next meeting. 5. Comments from the Park Commission Jim Johnson said that Jerry Dykhoff wanted to put up a 4 x 4 foot sign attached to the fence by the ballfields commemorating the Tom Anderson field and announcing that the fields would be open in 2000. He said they would also be adding Jim Johnson's work number as the Hamel Athletic Club contact. 6. Comments from the Planning Commission Loren Kohnen said there will be no meeting. 7. Consent Agenda A. Approval of Temporary Liquor License for Holy Name Church. Moved by Jim Johnson, seconded by Phil Zietlow to approve the consent agenda. Motion passed unanimously. Medina City Council Meeting Minutes December 7, 1999 210 8. Presentation from Saundra Spigner Saundra Spigner thanked the council for allowing her to come this evening. She wanted to introduce herself since she is the Metropolitan Council representative for Medina. Spigner said she wanted to talk about smart growth and, in general, what it means to Medina. She said that she was not here to address the specifics of Medina's comprehensive plan, but just give a brief explanation of smart growth. She said that Ted Mondale, the Governor, and others are talking about smart growth and since it is fairly new language, we are all still getting accustomed to what smart growth actually means. Basically what the Metropolitan Council wants to do is allow cities to develop in a way that creates a place where people can live and work within the same area. It is a way to utilize land the most efficient way possible. A development that incorporates green corridors, more compact shopping areas, sort of going back to a small town look versus the big town look. She said that we have made a big circle, the reality is we are all learning that the small town mall was a good way of developing. There was some additional discussion about what smart growth entailed; that it incorporated public transit, accommodated a mix of uses, and different types of property. Phil Zietlow asked for a specific city that had this type of smart growth. Saundra Spigner said that she liked the City of Woodbury where you can be in a denser residential and commercial area, yet within a couple of miles, be back in the country. Woodbury has several nicely designed commercial areas where it is easy to go in and out with cars without traffic congestion. John Ferris said that people in Medina are density adverse. He said that there are a lot of wetlands in Medina, we don't have large areas of land that are not broken up by these wetlands. Most people who come and live in Medina come out here to get away from high density. They enjoy the rural character, no curb and gutter on the roads, no storm sewer, no streetlights. That is the way people like it here. He said it is unique in the Twin Cities, there aren't many other places like it. You have to drive two to three hours to get the kind of feel that you get in Medina. He said that Medina residents have the urge to protect this. They don't want a person for every square yard in the City. John Ferris said the City is not projecting exponentially high growth over the next twenty years. He said that by 2020, the City is only expecting to grow by 2,000 to 3,000 more residents. John Ferris said that this is what Medina wants and we will protect it. Medina is not going to develop like Plymouth and Maple Grove. Carolyn Smith said the heart of Medina is rural, but around the uptown Hamel area and in the Hamel area as a whole, there are some areas where some smart growth is being looked at. In the uptown Hamel area, there are some possibilities for more mixed use development. There are some multi -family residential areas that were existing in the previous Comprehensive Plan that are still existing today and there was another area added in the uptown Hamel area that could potentially become a senior citizen complex. Medina City Council Meeting Minutes December 7, 1999 211 Saundra Spigner said that the Metropolitan Council recognizes that each city has some control over how it would like to develop and if the city is not requesting any sewer capacity then the Metropolitan Council is not as concerned about how that particular type of residential area is developed. However, if the Metropolitan Council is providing additional sewer capacity, then they would like to have more say as to how it develops. Right now the Metropolitan Council is looking for a residential density of at least three units per acre. Phil Zietlow said that our original plan was just fine. He said that we were told that the Elm Creek Interceptor was coming and that we needed to lay out a plan for it and that is what we did. Tom Caswell said that a portion of Medina sewer flow goes into the City of Plymouth's sewer system. This is being done through an agreement between the Metropolitan Council and the City of Plymouth. At some point, Plymouth will need the capacity in their pipe and the Metropolitan Council will need to come up with some solution for taking care of Medina's capacity. Currently, that solution is the Elm Creek Interceptor. There was some additional discussion about capacity issues in the City of Medina. Spigner said that the Metropolitan Council has sewer flow requests totally seventeen million - gallons, but they only have a thirteen million capacity pipe. Because of this, the Metropolitan Council is looking for some way of compromising on that pipe usage. Spigner said that she is the point person for the City of Medina. She wanted the City Council to know that she is available for them. Saundra Spigner said that she really liked the City of Medina. She thought it was very different, had a nice country feel that was worth protecting, however, she believed that the City should not push for additional sewer capacity or for higher density development if that is what they want to preserve. She said she was not completely familiar with Medina's sewer capacity issues and would have to educate herself more on that. Some council members thought it might be wise for the City Council to stop planning for any development in the Residential PUD areas. Paul Robinson said 80 to 90 percent of the work involved in drafting the planned unit developments and concept plans has already been done. He said at this point, it may be too late or not worthwhile to withdraw from that planning process. Phil Zietlow said to Saundra Spigner that part of the reason that Medina has developed the way it has was because of a Metropolitan Council requirement 10 years ago. Now the Metropolitan Council is telling a totally different story than it told the City 10 years ago. He said Medina's current plan reflects the wishes of its residents. Saundra Spigner said that is part of the boomerang effect, that there are different attitudes in planning and that now there is a different type of attitude for the overall planning of the metropolitan area. Tom Caswell said that the Metropolitan Council will need to set up a meeting with cities in this area who are requesting additional sewer capacity to get a firmer idea on what exactly the Medina City Council Meeting Minutes December 7, 1999 212 ultimate capacity request is from the different cities and see how much they are talking about and if they are going to have enough capacity to be able to offer it to the cities in the area. Saundra thanked the City Council for the opportunity to talk to them and said once again that she or Tom Caswell will be a resource to the City if needed. 9. Approval of the 2000-2002 Union Contract Jim Johnson said he was not quite sure of the wording for the health insurance banking for retirement was correct. There was some concern about getting a notification when someone is to retire, yet leaving open a 90 day window on each side of that request for unexpected occurrences. Phil Zietlow asked if off duty work was covered in the union contract. Ed Belland said that currently it is not covered as a contract item. He said when officers are working off duty they are typically doing a security detail within the City such as for the Medina Entertainment Center or somewhere else. The City is reimbursed by the business for that time. The concern of the Council was that the City make sure it was covering its costs for off duty work, especially since it adds additional liability to the City. Paul Robinson said that in the agreement for the 2002, the City Council had agreed to $550 a month for health insurance, in the contract it states $545. Moved by Jim Johnson, seconded by Carolyn Smith to approve the agreement with the addition of $5.00 a month in 2002 to the health insurance. Motion passed unanimously. 10. Fee Rate Ed Belland said that he recommends a fee increase for what the City charges businesses for security detail officers. After some discussion and calculations, Phil Zietlow requested that we increase it to $55 instead of $50. Ed Belland thought that was appropriate. Moved by Carolyn Smith, seconded by Jim Johnson, to increase the officer fee rate to $55 per hour. Motion passed unanimously. The Council directed the police chief to look into the ramifications of these security details. Especially how it affects the City's workers compensation. He was to bring this back to the Council at some point in the future. 11. Hunting at Holy Name Lake Ed Belland said that some residents asked about hunting on the lake. They wanted some clarification as to whether or not it was permitted. Ed said that basically there is only a small area where it would be permitted. He said in order to access this location, hunters would need to go on the City park property. He said for this, they would ultimately need a hunting permit from the City to hunt on the lake. After some discussion, the City Council decided that it did not want to grant permission for hunting on the lake. Medina City Council Meeting Minutes December 7, 1999 213 Moved by Phil Zietlow, seconded by Carolyn Smith, to deny the issuance of hunting permits by the City for hunting on Holy Name Lake. Motion passed unanimously. 12. Lighting at the Holiday Station Julius Dorweiler had a number of concerns about lighting and other issues at the Holiday station. He said currently there are a couple of issues. One is the violation of the CUP. He said the CUP prohibits loudspeakers, yet they have loudspeakers and they are on at a fairly high volume. Dorweiler was also concerned about the amount of trash. He said the trash cans often tip over, the tops come off, and garbage flows across the street. He said they have 10 large bags of trash that they have picked up in the last several weeks and are very concerned about this. He is also concerned about the lighting. The City Council members said they were also concerned about the trash. They said they had not heard about this problem before and they were also concerned about the loudspeakers. Possible solutions were discussed. The City could possibly require a fence that would catch the garbage before it flew across the property or there may be some other ideas that they could try to implement in order to alleviate some of these problems. Julius Dorweiler said that as far as the lighting was concerned, it did help significantly when they reduced the number of lights from 40 to 27, however, when the east fapade lights are on, it is still far too bright. There was some additional discussion about how bright it is and about the amount of light that is cast on Mr. Dorweiler's property. There is also some concern about the number of trucks that were parking on Clydesdale and 101. Julius said that often they leave their lights on, shining at his house. He said there has also been a problem with noise from delivery trucks late at night. The City Council thanked the Mr. Dorweiler for his concerns and said that they will be working on solutions to some of these problems. 13. Engineering Rate Increase Glenn Cook said a memo outlining the proposed increase was enclosed in the council packet. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the increase as requested. Motion passed unanimously. Carolyn Smith asked if the City had a contract with Bonestroo. Glenn Cook said that yes they did. She wondered if she could get a copy of that. City staff said they would enclose a copy of the contract in an upcoming information packet. 14. Mill Street Stipulation Ron Batty said the attorney representing Fortin Hardware and the bank had asked the City Council to approve a stipulation that would allow them to move forward with their registration process. All of this would still be contingent upon approval by the City Council after the public hearing on December 21 and upon the acquisition of the appropriate easements. Batty said he would need the City Council to authorize the stipulation this evening, dependant upon the City Council vacating a portion of Mill Street after the upcoming public hearing. He said this stipulation does not bind the City Council to any action. Medina City Council Meeting Minutes December 7, 1999 214 Moved by Jim Johnson, seconded by Carolyn Smith to approve the stipulation. Motion passed unanimously. 15. Independence Beach Forcemain Jim Dillman said they had talked to the cities that would share in the cost of the Independence Beach forcemain. They said they would like to pay for the construction costs over the next four years. Phil Zietlow said that this would probably cost the City about $1,000 in lost interest. Moved by Jim Johnson, seconded by Carolyn Smith to approve allowing Greenfield and Independence to pay for these improvements over the next four years. Motion passed unanimously. 16. Wage Increases for 2000 Moved by Carolyn Smith, seconded by Jim Johnson, to approve the wage increases as proposed. Motion passed unanimously. 17. 2000 Budget Paul Robinson said there were some changes in the general fund budget as outlined in the memo. He said he would like to spend a few minutes going through the special revenue, debt service, capital improvement, and enterprise funds. Special Revenue Funds Robinson started out with the park funds. He said the revenues for the park fund (225) come primarily from park dedication fees and the funds for the Hamel Legion park fund (226) come primarily from donations. Jim Johnson said he would like to know in advance what types of expenditures are being planned for the park. He would like the Park Commission to present to the City Council their proposed expenditures for the upcoming year. He said that way the City Council would have some idea of what type of expenditures were going to be looked at. Paul Robinson said that up to now he has not been directed to put any type of budget line items into the either of the park funds. He said that expenditures in the park fund have been allocated on as needed basis, based on requests from the Park Commission. He said expenditures in the Hamel Legion Park have been made as revenues have come in for the expenditures based on the donations that have been received. Jim Johnson also wanted to have some discussion about the community building. He and other Council Members asked if some type of budget discussion for the park commission could be added to the first or second meeting in January. Robinson said the last special revenue fund was forfeiture fund (235). He said revenue for this fund come from DWI related seizures. He said no expenditures were budgeted currently, however, some expenditures related to DWI enforcement activities may be used in 2000 for additional saturation patrols. Medina City Council Meeting Minutes December 7, 1999 215 Debt Service Funds. Robinson said that Debt Service fund 303 consisted of an $870,000 bond that financed some road, storm sewer, sanitary sewer, and water projects. He said the current cash balance is a negative $101,952 and he requested that the City Council transfer $274,182.59 to cover the negative fund balance and all future bond payments from the general fund. He said he had brought this to the City Council's attention before and he thought a motion had been passed in order to transfer funds from the general fund (101) into debt service fund 303. However, he could not find a motion in the minutes so he was once again requesting that the City Council take action on this. Moved by Carolyn Smith, seconded by Jim Johnson, to approve fund balance transfer of $274,182.59 from the General Fund 101 to the Debt Service Fund 303. Motion passed unanimously. Robinson said that the TIF debt service fund (304) is projected to show a slight surplus. Robinson said that since the audit reports had been completed, he has not rectified the amount of money that would need to be transferred out of this fund and fund 405 into the general fund (101). He said this issue would be brought to the City Council in the first few months of 2000. Robinson said fund 305 is a $1,000,000 debt service fund that financed construction of Medina Road and portions of County Road 116 sewer and water projects. He said currently the projected revenues and expenditures are right on track to pay off this bond. In the capital improvement funds there is the 401 revolving capital fund — there is $217,000 remaining in this fund. No expenditures or revenues are projected for 2000 besides the cost of monitoring the BFI landfill. Capital Improvement Funds Robinson said the water capital improvement fund and sewer capital improvement fund 402 and 403 fund the City's portion of trunk projects for both the sewer and water. He said there is currently around $100,000 in the water fund and $165,000 in the sewer fund. Robinson said that a few years ago the City Council set up the equipment replacement fund (411). He said this fund has received money from non -expended funds from previous years general fund budgets. Currently, this fund (411) has a cash balance of $266,000. Most recently it has been used to purchase replacement of equipment for police and public works as well as for administration. The Enterprise Funds Robinson said the water fund and the sewer fund both have fairly good cash balances. The water fund has $660,000 and the sewer fund has $580,000. The City auditor did mention that the water and sewer rates may need to be looked at mainly because right now they are breaking even if interest income is included . Since this it not considered a part of the operating revenue these funds are considered to be falling short. This is an issue that the City Council will need to address during 2000. Robinson said the entire budget would be on the next agenda for approval. Medina City Council Meeting Minutes December 7, 1999 216 18. Legal Rate Increase Moved by Jim Johnson, seconded by Carolyn Smith, to approve the legal rate increase for 2000. Motion passed unanimously. 19. Friday Reports Carolyn Smith said that she would be interested in seeing Friday reports from each of the departments, nothing too significant. The consensus of the City Council was that each of the department heads would submit Friday reports as needed, a few sentences of what happened between meetings. 20. Approval of the Bills Moved by Jim Johnson, seconded by Carolyn Smith, to approve the bills as presented, order check #20140-20487 for $190, 680.15, and payroll check #s 16341-16375 for $31, 658.16 (for November 22 and December 6 payrolls.) Motion passed unanimously. 21. Executive Session to Discussion Potential Litigation for Matters of Attorney/Client Privilege Moved by Carolyn Smith, seconded by Jim Johnson, to go into executive session to discuss issues concerning Chippewa Road and lighting at the Holiday station. Motion passed unanimously. Moved by Jim Johnson, seconded by Carolyn Smith, to go back into open session. Motion passed unanimously. Moved by Jim Johnson, seconded by Carolyn Smith, to pass a Resolution 99-74 authorizing and directing the condemnation of certain land and easements for street purposes. Motion passed unanimously. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the appraisal for $2,500 for up to $3,700 as needed. Motion passed unanimously. Moved by Jim Johnson, seconded by Phil Zietlow, to close the open meeting once again, to go into executive session to discuss potential litigation issues regarding the Holiday station. Motion passed unanimously. Moved by Jim Johnson, seconded by John Ferris, to go back into open session. Motion passed unanimously. 22. Adjournment Moved by Jim Johnson, seconded by Carolyn Smith, to adjourn the meeting at 11:20 p.m. Motion passed unanimously. John Ferris, Mayor Paul Robinson, Clerk -Treasurer Medina City Council Meeting Minutes December 7, 1999 217 ORDER CHECKS — DECEMBER 7, 1999 20410 ORCHARD TRUST $1,312.00 20411 P.E.R.A. $2,965.62 20412 ORCHARD TRUST $1,312.00 20413 P.E.R.A. $3,072.35 20414 AIR TOUCH CELLULAR $53.96 20415 ALLSTAR ELECTRIC $3,870.17 20416 AMERICAN EXPRESS $49.13 20417 AMERIPRIDE LINEN & APPAREL SVC $47.19 20418 ANOKA RED-E-MIX $660.17 20419 BANYON DATA SYSTEMS $2,008.21 20420 BARTON SAND & GRAVEL $1,232.13 20421 BCA/TRAINING & DEVELOPMENT SEC $120.00 20422 BIFF'S INC. $132.53 20423 BRYAN ROCK PRODUCTS $18,286.41 20424 BUDGET PRINTING $31.95 20425 CENTRAL STORES $395.75 20426 CHRISTENSON, JEREMY $13.42 20427 CLASSIC CLEANING $191.70 20428 DELTA DENTAL $805.65 20429 DITTER, INC $141.92 20430 E-Z-RECYCLING $2,473.02 20431 FORTIS BENEFITS $246.76 20432 GRAINGER $162.02 20433 HAMEL BUILDING CENTER $497.98 20434 HAMEL FIRE DEPT. $17,960.25 20435 HAWKINS WATER TREATMENT GROUP $2,214.46 20436 HENN. CO. DEPT. OF PROP.TAX $15.84 20437 HENN.CO. CHIEFS OF POLICE $40.00 20438 HENNEPIN CO.DEPT.OF GEN.SVC. $762.83 20439 HENNEPIN CO.TREAS.,ACCTG.SVCS. $749.00 20440 HENNEPIN COUNTY SHERIFF $579.55 20441 IMS MINNESOTA $350.00 20442 INNOVATIVE ELECTRONIC SOLUTION $1,288.99 20443 J-CRAFT, INC. $153.40 20444 KENNEDY & GRAVEN $4,185.81 20445 Void $0.00 20446 LAKE BUSINESS SUPPLY $261.59 20447 LARSON, SANDRA $35.00 20448 LAW ENFORCEMENT LABOR SERVICES $165.00 20449 LONG LAKE GLASS $167.00 20450 LORETTO FIRE DEPT. $9,384.50 20451 M.A.U.M.A $30.00 20452 MCGILL, CHRISTOPHER $109.48 20453 MEDICA $196.70 Medina City Council Meeting Minutes December 7, 1999 218 ORDER CHECKS DECEMBER 7, 1999 (CONT'D) 20454 MEDICA CHOICE $5,281.04 20455 METRO UTILITIES, INC. $3,135.00 20456 METRO WEST INSPECTION $39,047.40 20457 METROCALL $58.05 20458 METROPOLITAN COUNCIL WASTEWTR $5,197.50 20459 MIDWEST AUTOMOTIVE $388.80 20460 MINNEGASCO $114.34 20461 MINNESOTA DEPARTMENT OF HEALTH $653.00 20462 MINNESOTA RURAL WATER $185.00 20463 MOTHERS MOTORS/LORETTO TOWING $23.21 20464 NATIONAL FIRE PROTECTION ASSN $500.00 20465 NCITE $50.00 20466 NORTHERN STATES POWER $2,625.95 20467 NYVOLD, MARK $1,502.91 20468 OLSEN CHAIN & CABLE $174.82 20469 PRIORITY COURIER EXPERTS $27.10 20470 QUILL CORP. $27.26 20471 RANDY'S SANITATION $81.27 20472 STREICHER'S $328.63 20473 TALLEN & BAERTSCHI $3,781.53 20474 THORPE DISTRIBUTING $37,353.47 20475 TWIN CITY WATER CLINIC $20.00 20476 TWINCO AUTOMOTIVE WAREHOUSE $7,053.12 20477 U.S. WEST COMMUNICATIONS $593.96 20478 UNIFORMS UNLIMITED $81.19 20479 USPS $500.00 20480 WACCO $15.00 20481 WEST SIDE REDI MIX $165.08 20482 WESTSIDE WHOLESALE TIRE $138.00 20483 WHITE BEAR LAKE, CITY OF $80.00 20484 WRIGHT-HENNEPIN ELECTRIC $1,282.90 20485 XEROX CORPORATION $278.85 20486 Z TECHNOLOGIES, INC. $495.06 20487 ZIEGLER, INC. $709.27 $190,680.15 Medina City Council Meeting Minutes December 7, 1999 219 PAYROLL CHECKS — NOVEMBER 22, 1999 16341 Paul A. Robinson $ 940.03 16342 Steven T. Scherer 990.25 16343 Christopher R. McGill 1,021.01 16344 Michael J. Rouillard 616.52 16345 Scott W. Kroeger 1,141.03 16346 James D. Dillman 1,281.86 16347 Robert P. Dressel 923.10 16348 Edgar J. Belland 1,702.26 16349 Cecilia M. Vieau 933.28 16350 Laura L. Sulander 987.03 16351 Sandra L. Larson 876.24 16352 Kevin D. Boecker 304.95 16353 Jon D. Priem 1,185.19 16354 Jeremy L. Christenson 954.63 16355 James Nystrom 1,157.53 $15,014.91 PAYROLL CHECKS — DECEMBER 6, 1999 16356 HAMILTON, JOHN A. $138.52 16357 SMITH, CAROLYN A. $138.52 16358 FERRIS, JOHN B $207.79 16359 ZIETLOW, PHILIP K. $138.52 16360 JOHNSON, JAMES R. $138.52 16361 ROBINSON, PAUL A. $940.03 16362 SCHERER, STEVEN T. $990.25 16363 MCGILL, CHRISTOPHER R. $1,001.46 16364 ROUILLARD, MICHAEL J $1,398.66 16365 KROEGER, SCOTT W. $1,250.03 16366 DILLMAN, JAMES D. $1,281.86 16367 DRESSEL, ROBERT P. $985.58 16368 BELLAND, EDGAR J. $1,702.26 16369 VIEAU, CECILIA M. $839.48 16370 SULANDER, LAURA L. $987.03 16371 LARSON, SANDRA L. $884.51 16372 BOECKER, KEVIN D. $304.95 16373 PRIEM, JON D. $1,210.11 16374 CHRISTENSON, JEREMY L. $1,024.58 16375 NYSTROM, JAMES $1,080.59 $16, 643.25 Medina City Council Meeting Minutes December 7, 1999 220 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes December 7, 1999