HomeMy Public PortalAbout12/16/97 CCM249
MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 16, 1997
The City Council of Medina, Minnesota met in regular session on December 16, 1997 at 7:30
p.m. in the City Hall Chambers. Mayor John Ferris presided.
Members present: Ferris, Zietlow, Hamilton, Johnson, and Thies.
Members absent: None.
Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim
Dillman, Zoning Administrator Loren Kohnen, City Engineer Glenn Cook, and City Clerk -
Treasurer Paul Robinson.
1. Additions to the Agenda
Jim Johnson added an executive session to discuss the Hoover property situation.
Moved by Jim Johnson, seconded by Ann Thies, to approve the agenda as amended. Motion
passed unanimously.
2. Approval of the Minutes from December 2, 1997, Regular City Council Meeting
Ann Thies said that the motion approving the bills showed Phil Zietlow seconding the motion.
Zietlow was not at the meeting. Robinson said he would check his notes to see who had
seconded the motion.
Moved by Ann Thies, seconded by John Hamilton, to approve the minutes of the December 2,
1997, City Council meeting as amended. Motion passed unanimously.
3. Approval of the Minutes from the Special Council Meeting of December 3, 1997 Truth
in Taxation Meeting
Moved by Ann Thies, seconded by Jim Johnson, to approve the minutes as presented.
Motion passed unanimously.
4. Ceremonial Matters
Mayor John Ferris swore in the new Medina police officer Jeremy Christenson.
5. Consent Agenda
Moved by Ann Thies, seconded by Jim Johnson, to approve the consent agenda as presented.
A. Resolution 97-60 Denying Original Application for Holiday Station TH 55 and
CR 101.
B. Approval of Lawful Gambling License for the MN Motorcycle Riders Association.
Motion passed unanimously.
6. Comments from Citizens on Items Not on the Agenda - There were none.
7. Park Commission Comments
Jim Dillman presented the City Council with a check from Dorothy Anderson in the amount of
$100,000. Dillman said Mrs. Anderson wanted this money to go towards the four ballfields to
be named and dedicated to Tom Anderson.
John Ferris said he would write a letter and call Dorothy thanking her for this incredibly
generous gift. Ferris said that Tom Anderson was the Mayor of Medina for 12 years. He was
a tremendous supporter of the City and of the parks. He was a member of the Lions Club and
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December 16, 1997
250
worked hard on developing the Hamel Legion Park. Even after his death he continues to give
to the City with this incredibly generous gift. We thank Dorothy and the Anderson family for
this.
8. Planning Commission Comments
Susan MacKay said the Planning Commission has scheduled a meeting with the park
commission on January 10 to discuss issues regarding the comprehensive plan. The
commission has also scheduled meetings for the following four Saturdays with various
neighborhoods/areas within the City. She said this was done to give residents an opportunity
to discuss issues regarding the comprehensive plan with the commission.
9. The 1998 Budget
John Ferris said the budget presented tonight was the same budget that had been presented
to the City Council on two other occasions. He asked if any council members had questions
on the final draft as presented.
Ann Thies asked why there was a large increase in the dues and subscriptions amount in the
planning & zoning department.
Robinson said the increase in this department was due to an increase in the population in the
Elm Creek Watershed District. He said the dues for that district are based, in part, on
population.
Thies also asked why there was no money budgeted in one of the training line items in the
Police Department budget.
Ed Belland said that the two training line items had been combined into one for simplicity.
Moved by Jim Johnson, seconded by Ann Thies to approve the 1998 budget. Motion passed
unanimously.
Robinson said the City Council also needed to pass a resolution certifying the 1998 levy.
Moved by Jim Johnson, seconded by Ann Thies to pass Resolution 97-61 certifying the 1998
levy. Motion passed unanimously
10. Police Garage Addition
Ed Belland said that the ice and water shield was placed on the roof and that they would begin
shingling the roof in the coming week. He said the electricians had wired a large portion of the
garage addition.
John Hamilton raised a number of issues that had been mentioned in a memorandum he
requested from Loren Kohnen about problems with the construction of the garage addition to
date. Hamilton asked how the anchor bolts had been installed.
Ed Belland said that they drilled holes into the masonry for the anchor bolts.
Hamilton wanted to know why the walls of the garage had not lined up with City Hall.
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December 16, 1997
251
Ed Belland said that the walls were not designed to line up. They were installed as panels.
They extend out the same as the brick along the back of City Hall.
John Hamilton asked about the trusses.
Belland said that a number of trusses were made and refused. He said the current trusses
were designed to work with this particular roof.
John Hamilton asked about the concrete not being protected.
Ed Belland said that there was a 2-inch cushion of coverage on the concrete for three days
following the pouring of the concrete.
John Hamilton asked who was overseeing these issues.
John Ferris said that he, Ed Belland, and Paul Robinson had met with Howard Jacobson, and
Del Erickson to work out a number of issues. Since that meeting there seems to be a better
pace to the construction project and a number of the problems have been resolved.
NEW BUSINESS
11. Prosecution Fees
Paul Robinson said the city prosecutor requested an increase in the hourly rate for prosecution
service. The increase was based on the consumer price index.
Moved by Ann Thies, seconded by Jim Johnson to approve the prosecution increase as
requested. Motion passed unanimously.
12. Report on Wichita Trail Preliminary Sewer Meeting
Jim Dillman said last Thursday he and Glenn met with all but one of the potentially affected
residents about extending sewer and water to the properties on and around Peter Lake. He
said that Glenn put together a lot of information and also sent some additional information
today. Dillman said the residents in that area would like to proceed with sewer and water
unless the cost is too high. He said that because of the amount of interest, he recommends
the City Council order a feasibility report to determine if the cost of the project would be
feasible for the residents and the City.
Ron Batty said that a feasibility report would be the next step in a construction process of this
type.
Jim Dillman talked about the two sewer and water options. One option would serve a slightly
larger area than the area needing sewer service to correct the sewage problems at Peter Lake.
However, this option may last longer and provide a larger benefit to the area. The cost of this
option was around $578,500. The second option was for a sewer line only that would serve
only the residents needing sewer on and around Peter Lake. This proposal would cost around
$193,100.
There was a lot of discussion about the two proposals since the city engineer Glenn Cook was
not present, the City Council tabled the issue until the city engineer would be in attendance.
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13. 1998 Engineering Fee Increase
Paul Robinson said the city engineering firm submitted their 1998 fee increase. He said he put
together a spreadsheet showing the percentage increases requested. The amounts varied
between a zero percent increase and a 4.8% increase. Robinson said the City Council could
approve these increases, or discuss some other action.
Phil Zietlow said the increases looked somewhat high.
Jim Johnson asked Ron Batty if the rules applied to professional services as with construction
contracts that when a City spends over $25,000, or some threshold, the City would be required
to bid out for those services.
Ron Batty said that is for construction projects, but not for professional services.
Ann Thies said the City compared engineering firms six years ago and ended up staying with
Bonestroo.
Further discussion was tabled until Glenn Cook, the city engineer, would be present.
14. Letter from Randy Mayer
Loren Kohnen said the Planning Commission received a letter from Randy Mayer about the
Holiday proposal. Kohnen said that he did not receive this letter until later. On the day after
the letter was sent out he received some calls wondering if he had some type of financial
interest in the Holiday Station. Kohnen said he wanted to make clear to the council that he
had no vested interest in the Holiday Station. Kohnen said that he has never done anything
like that and if he had some type of conflict, he would let the City Council know.
Jim Johnson said he spoke with Randy Mayer about the letter, and Randy said there was no
intent of implication.
Jim Johnson said that city staff follows the wishes of the City Council. He said that it's not all
right to accuse city staff of having some type of conflict of interest where it does not exist.
Johnson said it may be appropriate for Randy Mayer to apologize to Loren Kohnen.
John Hamilton said that Mr. Mayers implication that this project was staff driven caused him to
take the content of the letter less seriously. Hamilton said that he welcomes input from all
residents. However, he did not like the tone of this letter and because of that it lost some of its
credibility.
John Ferris said that he did not believe this was the time to get into this type of discussion. He
believed that Loren was able to raise his concern with the letter, and that if any other council
members had issues with the letter they could take care of it outside of this meeting.
John Ferris said that he did not think Loren Kohnen had ever had an interest in the Holiday
Station.
15. Sign Variance Request from McDonalds
Kohnen said that McDonalds Corporation was requesting a variance to the sign ordinance
815.11 Subdivision 2, which allows business signs no greater than 100 square in area per
side. Kohnen said that the proposed sign meets the height and setback requirements.
Medina City Council Meeting Minutes
December 16, 1997
253
However, it was 8.3 square feet too large in size. Kohnen said this would be considered a
minor variance and since there was a great deal of open space around and between the "M"
on the sign if it were calculated differently it would more than likely meet the ordinace
requirements. Kohnen said that Tom Drews of McDonalds was in the audience this evening
and may be able to speak to the council about the sign. Kohnen said that the Planning
Commission recommended approval of the 8.3 square foot variance with the hardship that it's
safer to have one sign rather than to have two signs. One being the reader board and the
other being the larger "M" sign.
Kohnen showed the proposed sign on an overhead. He showed that straight lines were drawn
in order to determine the square footage of the sign. Kohnen did say that it would be possible
for McDonalds to make the "M" on a sign by itself and have a second sign with a reader board
on it. He said there was no regulation on the number of signs that a business could have.
There was some discussion about the number of signs a business could have.
John Ferris asked if the reader board were on a separate post would it conform to the city
ordinance.
Loren Kohnen said that, yes, it would conform.
Phil Zietlow asked why McDonald's could not put up a sign much like the sign in Long Lake.
Tom Drews said that the sign in Long Lake conforms to the Long Lake ordinance and that this
sign comes very close to conforming to Medina's ordinance. He said having one sign verses
two signs would avoid the clutter. This was also a goal of the Long Lake ordinance. Tom
Drews said they were trying to make this a nice sign at an important intersection. He said that
rather than having two signs he would like the City to allow them a small variance in order to
have one sign.
Phil Zietlow said the City would like a sign much like the Long Lake sign.
Tom Drews asked if he meant with a brick base.
John Ferris said that McDonalds would conform to the ordinance if the reader board was one
foot shorter or if there was one foot less height on the M.
John Hamilton said that he preferred the sign be on a single pole.
Jim Johnson said that he had a problem with determining a hardship and that there was no
such thing as a minor variance. He said they've never had minor variances before. He did not
think there was a hardship here or that there was any good reason for the City Council to
approve this variance.
There was some additional discussion about the potential for hardship or not. The consensus
of the City Council was that there was no hardship that would allow them to give a variance in
this instance.
Medina City Council Meeting Minutes
December 16, 1997
254
Moved by Phil Zietlow, seconded by Ann Thies, to approve Resolution 97-62 denying the
variance based on no viable hardship. Those in favor: Phil Zietlow, Ann Thies, John Ferris
and Jim Johnson. Those opposed: John Hamilton. Motion passed.
16. Landfill Report, John Baxter, Schoell & Madson
John Baxter said he was the senior hydrologist for Schoell & Madson and that he had reviewed
the data from wells tested by BFI at the Woodlake Landfill during the past one and a half
years. He said that to date there have been no contaminated wells in or around the landfill.
Baxter said that BFI was currently negotiating with the state about taking over the Flying Cloud
landfill. When those negotiations were completed, they would begin negotiation on taking over
the Woodlake Landfill. Baxter said that one of the issues would be who would continue
sampling and testing of the sites at the landfill and at the residential wells around the landfill
when the state takes over control of the landfill. Baxter suggested the City write a letter to the
Pollution Control Agency and ask them if they are planning to continue monitoring the
residential wells. If they were, then the City would no longer need Schoell and Madson's
services. If they're not, the City would need to know if they would like Schoell and Madson to
continue to monitor those wells.
There was some discussion about why the state was taking over landfills and some of the
repercussions facing the communities that had landfills.
Loren Kohnen said that he would get information together on these issues and work with the
city attorney to write a letter to the Pollution Control Agency requesting some response and
input as to whether or not they will continue to monitor the wells.
17. Continuation of the Wichita Trail Discussion
Glenn Cook showed one of the proposals on the overhead and gave some history on how the
current depth of the interceptor was determined.
Phil Zietlow asked if the additional acreage that would have access to sewer, under the more
expensive option, could be assessed for a portion of this sewer project.
Glenn Cook was not sure. He believed that it would be possible. Cook said that there were
basically two proposals. One would provide a more permanent solution that would provide
sewer to a larger area, up to 90 acres of land, and would include trunk charges that would be
assessed as the area developed.
Cook said the other option was to provide a smaller pipe to the areas that needed sewer and
that eventually this pipe would be replaced when this area was developed. Glenn Cook said
that there was a significant difference in cost between the two options and that if that area of
the City were not to develop for 10 years it may make sense to go with the smaller option or if
that area were to develop sooner, it may make sense to go with the option that provided sewer
to a larger.
Dick Marnach, 4565 Wichita Trail, said that the reason why this was brought to the council's
attention was because raw sewage was draining into Peter Lake making several of the homes
in that area unsellable. He said he has enough room on his property to install an experimental
septic system to take care of his problem but that would not solve the problem for the other
homes or the environmental issues affecting Lake Peter.
Medina City Council Meeting Minutes
December 16, 1997
255
There was some discussion about the two options.
John Ferris said that it seemed wasteful to consider the temporary option. He said that he
would be more interested in the option that would provide for future growth and make use of
the infrastructure.
Glenn Cook said that one option includes sewer and water and a street overlay for $578,500.
This option provides sewer and water to 90 acres of property.
Phil Zietlow asked how many people that would currently serve.
Glenn Cook said that six residents now and potentially three additional residences in the future
for a total of nine residential units.
George Layeux, 4605 Wichita Trail, said they would be happy with just sewer service and a
patch to the road, not with the more expensive option. The more expensive option would cost
around $94,000 per household.
Glenn Cook said the residents in that area said they would be willing to pay between $20,000
and $25,000.
Phil Zietlow asked about the calculation of the trunk area charge per acre.
Glenn Cook said that it would probably be around $3,000.
Both residents in attendance said that assessments between $20,000 and $25,000 would be
acceptable.
Glenn Cook said that another issue was the expansion of the Municipal Urban Service
Area(MUSA) line. Cook said a comprehensive plan amendment would be required to do this.
There was some discussion about the number of complications involved in this project. This
project would need a comprehensive plan amendment that would take a number of months to
complete.
Phil Zietlow said that there might not be much of a time difference between waiting for the
current comprehensive plan update to be done and trying to complete a minor comprehensive
plan amendment.
After some additional discussion the City Council directed the city engineer to continue working
on the costs involved in developing the Wichita Trail project and the potential for assessing the
greater property or the smaller property to see if they could come up with a feasible solution
that would keep the assessments between $20,000 to $25,000.
18. Continuation of the Engineering Fee Increase Discussion
Phil Zietlow said the engineering firm was asking for increases up to 4.8%. He said that
typically 3% seems to be a justified level of increase.
Glenn Cook said that what the company tried to do was create an overall increase of 3%.
Some of the higher level employees received a larger increase than some of the lower level
Medina City Council Meeting Minutes
December 16, 1997
256
employees. He said this varied year to year and that some employees who received smaller
increases last year were receiving larger increases this year. He said the goal was an overall
3% increase. He also said that the higher paid employees typically make up a smaller portion
of the City's total usage. He said he would check out the average hours used by Medina for
each level of employee and bring that information back to the next City Council meeting.
Moved by John Ferris, seconded by Phil Zietlow, to table the engineering increase until the
next City Council meeting. Motion passed unanimously.
19. Comprehensive Plan Process
Loren Kohnen said that he received a review back from the Metropolitan Council on the City's
current comprehensive plan. He said there were some favorable comments from the
Metropolitan Council and at the next Planning Commission meeting they will be discussing this
feedback.
Jim Johnson said the joint meeting between the Planning Commission and the City Council
was a good starting point. He said the first goal should be to develop the City's plan before
modifying the City's plan to accommodate the Metropolitan Council's plans.
20. Payroll Period Change
Moved by Jim Johnson, seconded by John Hamilton to authorize 26 pay periods instead of 28
pay periods. Motion passed unanimously.
21. Transfer
Moved by John Hamilton, seconded by Jim Johnson, to transfer $41,297.51 from the general
fund to the county road 116 sewer and water project fund (fund 409) and then authorize
closing of fund number 409. Motion passed unanimously.
22. Pay the Bills
Moved by John Hamilton, seconded by John Ferris to approve the bills, order checks #17801 -
17835, for $76, 900.62, and payroll checks #15445 - 15462, for $12,164.83. Motion passed
unanimously.
23. Executive Session
Moved by Jim Johnson, seconded by John Hamilton to close the meeting at 9:34 p.m. to
discuss litigation matters. Motion passed unanimously.
Moved by Ann Thies, seconded by Jim Johnson, to open the meeting at 9:59 p.m. Motion
passed unanimously.
24. Adjournment
Moved by Ann Thies, seconded by John Ferris, to adjourn the meeting at 10:00 p.m. Motion
passed unanimously.
John B. Ferris, Mayor
Paul Robinson, City Clerk -Treasurer
Medina City Council Meeting Minutes
December 16, 1997
257
ORDER CHECKS - DECEMBER 16, 1997
17836 Air Touch Cellular $ 164.94
17837 All Makes of Office Furn. Of Minn. 210.87
17838 American Express 582.14
17839 American Freightways 57.78
17840 American Linen Supply 46.66
17841 Anchor Scientific 56.00
17842 B & B Products 100.00
17843 BCA/Forensic Science Lab 400.00
17844 Bonestroo, Rosene, Anderlik 7,174.99
17845 Bryan Rock Products 7,048.17
17846 Burton Equipment 2,502.75
17847 Casara Computer Systems 841.25 ,lvci
ii/
�'
17848 Classic Cleaning 191.70 ��
17849 CMI, Inc 31.89 �
17850 Con Mix, LLC 1,200.60 ,,j
17851 Connelly Ind. Elect. 923.51
17852 CSC Credit Services 8.00
17853 Culligan 64.22
17854 E-Z-Recycling 2,132.58
17855 E.S.G. Company, Inc. 35.00
17856 Delano Erickson Architects 6,875.50 ( \�
17857 Eull's Manufacturing Co 543.15
17858 Feed Rite Controls 50.00
17859 Fortin Hardware 19.83
17860 Genuine Parts 9.56
17861 Glenwood Inglewood 29.1
17862 Grainger 147.08 J
17863 Great West Life Assurance 550.00
17864 Hamel Fire Dept. 16,447.30
17865 Jim Hatch Sales 272.87
17866 Hennepin County Dept. of Property Tax 85.44
17867 Hennepin County Treasurer, Voter Registration 1,475.76
(k/
17868 Hennepin County Treasurer, Accounting Services 160.00
17869 Hennepin County Support 565.00
17870 I. C. M.A. 92.50
17871 H.L. Johnson 4,800.00
17872 Lake Business Supply 173.04
17873 Lakeshore Weekly News 319.25
17874 Law Enforcement Labor Services 66.00
17875 Lawson Products, Inc 32.58
17876 League of Minnesota Cities 40.00
17877 Loretto Fire Department 8,485.50
17878 Lucent Technologies 13.30
Medina City Council Meeting Minutes
December 16, 1997
258
ORDER CHECKS DECEMBER 16, 1997 (CONT'D)
17879 Maple Plain Fire Dept. 798.25
17880 Mayer Distributing 1575.00
17881 M.C.P.A 120.00
17882 Medica Choice 807.96
17883 Metro District AWWA 35.00
17884 Metro West Inspection 6,165.15
17885 Metropolitan Council 2,821.50
17886 Midwest Automotive 29.55
17887 Miller Davis Legal Forms 920.43
17888 Minn Comm 46.60
17889 Minnegasco 299.49
17890 Minnesota Dept. of Health 653.00
17891 Minnesota Mutual 230.00
17892 Minnesota Rural Water 185.00
17893 Minnesota State Retirement Systems 155.00
17894 North American Salt Co. 4,220.95
17895 Northern States Power 1,125.17
17896 Northern Waterworks Supply 297.14
17897 Northwest League of Municipalities 546.36
17898 Northwest Suburban Chamber of Commerce 100.00
17899 Omberg Lock Service 60.00
17900 P. E. R.A. 2,426.82
17901 Randy's Sanitation 80.83
17902 Reynolds Welding 38.34
17903 Rowekamp Assoc. 500.00
17904 Schoell & Madson, Inc. 132.00
17905 Schoening Exc. 7,900.50
17906 Streicher's 3,383.67
17907 Tallen & Baertschi 1,719.31
17908 Thorpe Distributing 20,846.65
17909 Total Office Products & Services 106.50
17910 Twin City Water Clinic 20.00
17911 Twinco Automotive Warehouse 8,813.24
17912 U.S. West Communications 370.34
17913 Warning Lites 149.31
17914 West Hennepin Recycling Comm. 94.28
17915 Wright -Hennepin Electric 1,052.97
17916 Wright Hennepin Security Services 76.14
$133,928.26
Medina City Council Meeting Minutes
December 16, 1997
259
PAYROLL CHECKS — DECEMBER 16, 1997
15463 Paul A. Robinson $ 704.71
15464 Steven T. Scherer 921.14
15465 Michael J. Rouillard 591.67
15466 Scott W. Kroeger 867.39
15467 James D. Dillman 1,183.14
15468 Robert P. Dressel 992.51
15469 Edgar J. Belland 1,348.79
15470 Cecilia M. Vieau 666.18
15471 Laura L. Sulander 890.73
15472 Sandra L. Larson 733.04
15473 Jon D. Priem 1,196.35
15474 Jeremy L. Christenson 973.47
$11,069.12
Medina City Council Meeting Minutes
December 16, 1997
260
Medina City Council Meeting Minutes
December 16, 1997
261
PAYROLL CHECKS — DECEMBER 30, 1997
15475 Paul A. Robinson $ 960.71
15476 Steven T. Scherer 987.60
15477 Michael J. Rouillard 1,079.45
15478 Scott W. Kroeger 283.94
15479 James D. Dillman 1,188.24
15480 Robert P. Dressel 925.54
15481 Edgar J. Belland 1,432.29
15482 Cecilia M. Vieau 784.10
15483 Laura L. Sulander 890.73
15484 Sandra L. Larson 829.29
15485 Jon D. Priem 1,096.06
15486 Jeremy L. Christenson 961.23
$11,419.18
262