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Home My Public Portal About12/21/93 CCM206 ORDER CHECKS - DECEMBER 21, 1993 12693 Farmers State Bank of Hamel (S.S.) $ 706.29 12694 U.S. West Cellular 181.21 12695 Fortin Hardware 75.29 12696 U.S.West Communications 34.60 12697 Medcenters Health 1,595.76 12698 STS Consultants 372.00 12699 Loretto Towing 112.36 12700 Metro West Inspeciton 4,477.16 12701 Genuine Parts 141.68 12702 MAWP 20.00 12703 P.E.R.A. 1,305.60 12704 Warning Lites 94.85 12705 Crow River News 154.00 12706 Hamel Building Center 60.43 12707 St. Paul Stamp Works 22.39 12708 MN Chiefs of Police 55.00 12709 Quill Corp. 312.36 12710 Minnesota's Bookstore 161.15 12711 Twin City Water Clinic 20.00 12712 E.H. Renner & Sons 19,698.88 12713 Bryan Rock Products 179.29 12714 Feed Rite Controls 280.81 12715 Perry's Truck Repair 313.88 12716 Goodyear Auto Service 135.23 12717 Office Max 179.65 12718 Mayer Distributing 9,112.48 12719 Holiday 806.68 12720 Mark III Systems 1,387.00 12721 Martin Body Shop 400.00 12722 Culligan 58.70 12723 Cy's Uniforms 128.58 12724 Davies Water Equip. 207.04 12725 G & H Dist. 9.64 12726 MEMA 25.00 12727 BRC 237.50 12728 Banyon Data Systems 1,288.65 12729 Prolawns Assn. on the Lake 95.85 12730 American Express 105.20 12731 Hardrives 7,235.36 12732 Pump & Meter Service 22,898.47 12733 Gopher State One Call 99.00 12734 Gall's Inc. 133.97 12735 Mn Chiefs of Police 6.34 12736 Superior Ford 28,398.00 12737 Agency Servies 25.32 12738 National Seminars Group 138.00 12739 Techstar 432.00 12740 H & L Mesabi 1,111.41 13687 13688 13689 13690 13691 13692 13693 13694 $105,030.06 PAYROLL CHECKS - DECEMBER 21, 1993 Wayne C. Wallace Richard R. Rabenort Michael J. Rouillard Scott A. Stillman James D. Dillman Robert P. Dressel Edgar J. Belland Jeffrey E. Karlson 959.94 1,081.51 413.00 827.60 1,048.58 901.23 785.45 857.92 �3 207 PAYROLL CHECKS - DECEMBER 21, 1993 (CONT'D) 13695 Cecilia M. Vieau 13696 Laura L. Monroe 13697 Sandra L. Larson 13698 Joseph R. Heyman 13699 Benedict E. Young 13700 Farmers State Bank (Fed.) 13701 P.E.R.A. 13702 Commissioner of Revenue 13703 Farmers State Bank (S.S.) 13704 Hennepin County Support 13705 Great West Life 13706 Law Enforcement Labor Svc. 556.52 736.27 664.69 628.21 878.79 1,961.65 970.03 795.97 706.29 501.00 370.00 100.00 $15,744.65 208 MINUTES The City Council of Medina, Minnesota met in regular session on December 21, 1993 at 7:30 p.m. in the City Hall Council Chambers. Present: Council Members John Ferris, James Johnson, Ann Thies, Philip Zietlow and Mayor Anne Theis. Absent: None. Also Present: Public Works Director Jim Dillman, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, Officer Mike Roulliard and Clerk -Treasurer Jeff Karlson. 1. ADDITIONS TO THE AGENDA Moved by Zietlow, seconded by Johnson, to approve the addition of the following agenda items: a. Medina Police Contract Motion carried unanimously. 2. CONSENT AGENDA Moved by Ferris, seconded by Zietlow, to adopt the consent agenda, as follows: a. Resolution No. 93-98, "Resolution Granting a Conditional Use Permit for a Home Occupation to Robert Olson" b. Resolution No. 93-99, "Resolution Granting Setback Variances to Dennis Klages and Wanda Klages for Property at 4642 Balsam Street" c. Resolution No. 93-100, "Resolution Granting a Permit to U.S. West for the Installation of Buried Cable" d. Approval of Lawful Gambling License for Turn In Poachers Motion carried unanimously. 3. WORKER'S COMPENSATION PLAN RENEWAL Moved by Ferris, seconded by Zietlow, to approve the renewal of the Worker's Compensation Plan with the League of Minnesota Cites Insurance Trust and to exclude the city council and planning commission from worker's compensation coverage. Motion carried unanimously. 4. MINUTES Moved by Thies, seconded by Mayor Theis, to approve the minutes of the Truth in Taxation hearing held December 1, 1993, as presented. Motion carried unanimously. Moved by Johnson, seconded by Thies, to approve the minutes of the regular meeting of December 7, 1993, as amended, as follows: Page 2, paragraph 4, amended to read, "...Nyberg properties." Page 2, new paragraph, to read, "Council Member Thies said the council should delay any kind of a decision until the next meeting 209 so Mayor Theis could be present." Page 2, paragraph 5, amended to read, "...on December 21, 1993 when there will be a full council present." Motion carried unanimously. 5. MEDINA MORNINGSIDE DRAINAGE EASEMENT City Engineer Shawn Gustafson gave an update on the drainage ditch easement in the Beasly Bluffs Addition which included a brief history of the easement and the corrective measures that could be taken to remedy the erosion problem that was occurring along the drainage ditch. Jim Dillman pointed out that approximately 100 feet of the ditch on the north end of the easement had been rip rapped and grouted and had not shown appreciable erosion since the drainage ditch was constructed ten years ago. Gustafson estimated that was more than 400 feet of the ditch that needed corrective work. He estimated that it would cost around $17,500 to place a limestone rip rap along the ditch bottom. Gustafson said the plan proposed by Dan Roach, which included gabions, would cost approximately $50,000. Phil Zietlow asked City Attorney Ron Batty what the city's responsibility was for a water easement. Batty said it was in the city's best interest to protect the area and not allow an unreasonably dangerous situation to occur. John Ferris said the issue of safety should be foremost. Ferris said the issue was not water but whether the erosion had created a dangerous situation. Batty said as far as setting a precedent, the city would have to handle similar situations the same as this one. Ferris said he was uncomfortable with the loose ends on this issue. He said the city should sort out the precedent issue and determine what the optimum solution would be. Ferris said the issue was one of legality and propriety. Moved by Ferris, seconded by Mayor Theis, to direct staff to further examine each aspect related to the drainage easement, including the legal issues, the safety issues, the precedent that would be set, the project costs and the drainage plan that was set forth in the original development plan. Motion carried unanimously. 6. WOODLAKE SANITARY LANDFILL CLOSING Kathy Marshall of Foth & Van Dyke and Greg Chock of BFI presented a slide presentation which showed pictures of the construction process that was undertaken to close the landfill site. Marshall 210 said the leachate headwells were covered with two feet of clay, six inches of sand, one inch of general soil and two inches of top soil. She said that post -closure care included site inspections, land surface care and environmental monitoring. Chock said the Minnesota Pollution Control Agency (MPCA) had rigorous testing requirements that had to be performed during the post -closure period. Chock said post -closure activities are mandated under MPCA regulations for a minimum of 20 years. Marshall said there were 13 monitoring wells, 4 surface water monitoring sites and 10 gas methane probes which would each be tested three times a year. 7. WENCK ASSOCIATES 1994 FEE SCHEDULE Glen Sanders of Wenck Associates asked for a 5% increase in their engineering rates for 1994 for engineering services at the Woodlake Sanitary Landfill. Phil Zietlow said the increase exceeded the cost of living increases that were given to city employees. Sanders said Wenck offered a 3% discount to Medina in 1993 and could do the same in 1994. Loren Kohnen suggested that City Attorney Ron Batty review the contract with Wenck before the fee schedule was approved. Moved by Ferris, seconded by Zietlow, to table the approval of Wenck's fee schedule until City Attorney Ron Batty has reviewed the contract with Wenck Associates. Motion carried unanimously. 8. TWINCO PLAT AND RELATED MATTERS Ron Batty said he received from Twinco a signed Petition and Waiver Agreement which would allow the City to assess the cost of paving Willow Drive and a signed private road agreement which required Twinco to build and maintain a new east/west private road to serve other lots in the subdivision. Batty said the only document he had not received was a list of reimbursable development costs as specified in the repayment agreement. Batty pointed out that the council considered the repayment agreement in April 1992, but refused to authorize execution on the grounds that the developer had not completed the plat. Batty said the 1992 and 1993 tax increment payments were withheld from Twinco and would be paid without interest when each requirement was met as set forth in the agreements. Batty recommended that the council: (1) authorize the mayor and clerk to sign the petition and waiver agreement and the private road agreement; (2) approve the final plat; and (3) approve the repayment agreement. Batty said the TIF payments would not be made until Twinco submitted evidence of reimbursable costs and a check for the park dedication fee and other administrative costs. 211 Moved by Johnson, seconded by Zietlow, to adopt Resolution No. 93- 101, "Resolution Granting Final Plat Approval for Metro West Business Park." Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays: None. Resolution No. 93-101 adopted on a 5-aye and 0-nay vote. Moved by Johnson, seconded by Zietlow, to authorize the mayor and clerk to execute the petition and waiver agreement and private road agreement with St. Louis Park Investment Co. (Twinco) and to approve the repayment agreement with Twinco. Motion carried unanimously. 9. LAND ACQUISITION FOR LEGION MEMORIAL PARK The council discussed the acquisition of the Finazzo and Hyberg properties for the expansion of the Hamel Legion Memorial Park. Mayor Theis asked that the council lay aside any discussion of condemnation of the properties. City Attorney Ron Batty said the most recent appraised value of the properties was $188,000 for the 24-acre Finazzo property and $126,000 for the 7-acre Hyberg property. John Ferris said the city needed to purchase both properties in order to make the park proposal work. Park Commissioner Nyles Gentz asked the council to consider purchasing the Finazzo property with a "contract for deed." City Attorney Ron Batty said the city could purchase property with a contract for deed but he pointed out that there was a statutory limit of five years. Ferris said the city should negotiate a purchase price for the properties and walk away from negotiations if the price was too high. Jim Johnson said the city should approach both property owners and negotiate a price based on the appraised values. Johnson suggested a cutoff date of March 15, 1994 at which time the council could consider other options if negotiations were unsuccessful. Moved by Johnson, seconded by Thies, to direct the Park Commission to begin negotiations on the purchase of the Finazzo and Hyberg properties at a price not to exceed the appraised values of $188,000 and $126,000, respectively. Furthermore, if the city is unable to negotiate a purchase price for both properties by March 15, 1994, the matter will be brought back to the council for further discussion. Motion carried unanimously. 10. MEDINA ROAD IMPROVEMENTS City Engineer Shawn Gustafson gave an update of the engineering report for the Medina Road Reconstruction Project that was prepared 212 in July 1992. Gustafson estimated that construction costs for Part I from Brockton Lane to Holy Name Drive would be $101,810 and Part III from Tamarack Drive to County Road 24 would be $545,460. Gustafson said the estimated construction costs had increased 10% since the original report due to rising construction prices. Gustafson said that based on the city°s assessment policy, the number of units and amount to be assessed for each segment would be as follows: Part I - Brockton Lane to Holy Name Dr. Part III - Tamarack Drive to Co. Rd. 24 Units Assessment 3 $ 43,450 35 231,660 Gustafson pointed out that the City assessed $70,000 more than the actual project costs on Part II and he proposed that each unit be assessed at $5,400 based on the contracted construction costs of $275,200. John Ferris said the council should keep the assessments the same as Part II of the project which was $4,615 for each unit. The council agreed to exclude Part I of the project and concentrate solely on Part III. Moved by Zietlow, seconded by Thies, to hold the assessment hearing on January 18, 1994 for the improvement of Medina Road between Tamarack Drive and County Road 24 (Part III). Motion carried unanimously. 11. TRANSFER OF FUNDS Jeff Karlson asked the council to authorize the transfer of $120, 024. 63 from the General Fund to the 1985 G.O. Improvement Bond Fund and $600,000 from the Tax Increment Fund to the Trunk Highway 55 Sewer Fund. Karlson said the 1985 Bond Fund showed a deficit because monies were not levied to cover the debt outside of special assessments. Karlson said the city had planned to spend $600,000 in TIF money toward the T.H. 55 Sewer project. Moved by Johnson, seconded by Ferris, to adopt Resolution No. 93- 102, "Resolution Authorizing the Transfer of Funds." Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays: None. Resolution No. 93-102 adopted on a 5-aye and 0-nay vote. 12. PAYMENT OF BILLS Moved by Johnson, seconded by Mayor Theis, to approve payment of Order Check Numbers 12693-12740 for $105,030.06 and Payroll Check Numbers 13687-13706 for $15,744.65. Motion carried unanimously. 13. MEDINA POLICE CONTRACT Council Member Ferris presented the police officers new contract proposals for their union contract. Ferris said the new labor agreement called for salary increases of 2% in 1994 and 3% in 1995 213 and 1996. The contract also included an increase in medical insurance benefits from $303 per month to $325 in 1994 and 1995 and to $350 in 1996. In addition, an officer would receive five weeks vacation after 20 years of service. Moved by Ferris, seconded by Zietlow, to approve the new three-year "Labor Agreement Between Law Enforcement Labor Services, Inc. and the City of Medina," effective January 1, 1994 and ending December 31, 1996. Motion carried unanimously. 14. ADJOURNMENT Moved by Ferris, seconded by Mayor Theis, to adjourn the meeting at 10:19 p.m. Motion carried unanimously. Anne E. Theis, Mayor ATTEST: Jeff Karlson, Clerk -Treasurer December 21, 1993