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Home My Public Portal About12/21/99 CCM221 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 21, 1999 The City Council of Medina, Minnesota met in regular session on December 21, 1999 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, Smith, and Johnson (at 7:35 p.m.). Members absent: None. 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. Changes to the Agenda A. Permission for boy scouts to hold an event on Lake Independence. B. Item C2 was removed. C. Item concerning buffalo was added. Moved by John Hamilton, seconded by Carolyn Smith, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from the December 6, 1999 Truth in Taxation Hearing Moved by Carolyn Smith, seconded by John Hamilton, to approve the minutes. Motion passed unanimously. 3. Comments from Residents in Attendance on Items Not on the Agenda There were none. 4. Park Commission Comments There were none. 5. Planning Commission Comments Loren Kohnen said there will be a Planning Commission meeting in January. 6. Consent Agenda A. Increase Part -Time Snow Plowing Rate B. Approval of 2000 Tobacco Licenses. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the consent agenda. Motion passed unanimously. 7. Vacation of Mill Street Moved by Phil Zietlow, seconded by Carolyn Smith, to open the public hearing. Motion passed unanimously. Ron Batty said that Mill Street, as traveled, is not where Mill Street, as platted, is located. He said that the owners of Fortin Hardware and Farmers State Bank of Hamel initiated a proceeding to register their properties. He said during that process they noticed that a portion of the hardware store was located in the platted part of the road. He said this vacation includes a triangular piece of property that abuts the hardware store and is not a part of the road, as traveled. There was some additional discussion. Medina City Council Meeting Minutes December 21, 1999 222 Clifford Fortin, 195 Hamel Road, asked if this would affect the portion of Mill Street that went to his property. He was told that it would not affect his property. Moved by John Hamilton, seconded by Phil Zietlow, to close the public hearing. Motion passed unanimously. Ron Batty said that a resolution was prepared and placed in their packets. This resolution states that there is no public purpose for this portion of the right of way and directs the Clerk to proceed with the vacation, pending the City's acquisition of a 30 foot easement to the Park. Moved by John Hamilton, seconded by Carolyn Smith, to approve Resolution 99-75 authorizing vacation of a portion of Mill Street. Motion passed unanimously. 8. Vacation of Cedar Avenue and Spruce Street Moved by Carolyn Smith, seconded by Phil Zietlow, to open the public hearing. Motion passed unanimously. Ron Batty said included in the City Council packet was a depiction of the requested vacation. It includes both Spruce Street and Cedar Avenue. He said this vacation was initiated by Mr. Beasley who wanted some additional property for a pond. He said that this was just the first step for Mr. Beasley. Batty said this vacation would deed half of the right of way to each of the adjacent property owners. On Cedar Avenue half would go the Mr. Beasley and the other half would go back to the City, who is the property owner on the other side of the street. The City will then have to deed their portion of the right of way to Mr. Beasley. In addition, Mr. Beasley will need to fill out the necessary land alteration permit for his proposed pond. Chris Patton said that he lived south of Mr. Beasley and was also interested in having Cedar Avenue vacated. Kevin Randolph, a neighbor to the north, said that he had the same request. Mr. Beasley said he thought Spruce Street had already been vacated. He said this was shown to him when he purchased his property. Ron Batty said the City Clerk could not find evidence that the vacation had been filed. He said this may duplicate a previous vacation process. However, it will assure that the vacation has been completed. There was some discussion about vacating additional right of way in the Independence Beach area. Moved by Carolyn Smith, seconded by Phil Zietlow, to close the public hearing. Motion passed unanimously. Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 99-76 vacating the portions of Cedar Avenue and Spruce Street. Motion passed unanimously. There was some discussion about vacating additional portions of Cedar Avenue as requested. Medina City Council Meeting Minutes December 21, 1999 223 Chris Patton was directed to talk to the zoning administrator to go through the proper process. However, the City Council did agree to set up another hearing to vacate those two portions. Moved by Carolyn Smith, seconded by Jim Johnson, to set up a public hearing on January 19, 2000 to vacate the two additional portions of Cedar Avenue. Motion passed unanimously. 9. Discussion on Metropolitan Council Approval of the City's Comprehensive Plan There was significant amount of discussion about the Comprehensive Plan, and how it related to the discussion at a previous Council Meeting, with Saundra Spigner of the Metropolitan Council. After additional discussion it was decided that the City Council would not officially take a position on what action the City Council would take if they did not receive additional sewer capacity. However, if the Metropolitan Council required a higher residential density residential area in exchange for additional sewer capacity, the consensus of the Council was that they would reduce their sewer request to the area existing 1999 MUSA. Since the Metropolitan Council had not officially reviewed or responded to the City's Comprehensive Plan, the Council believed that it was too speculative at this time to take formal Council action. 10. Buffalo Restrictions Carolyn Smith said she recently received a concern, raised by her neighbor, that another neighbor of theirs was going to start raising buffalo. Smith said her neighbor was concerned that buffalo, which are very large animals, could hurt a child or cause significant damage if they escape from their confines. She said that the City may want to consider additional or different regulations for buffalo vs. other farm animals. Phil Zietlow said that he did not think that there was that great a difference between a buffalo and a cow. There was some disagreement about whether or not that was the case. Several other examples of potentially dangerous animals were discussed, such as big horn steer, which could also be as dangerous as a buffalo. John Hamilton said in Corcoran they cite property owners, who have cows running loose, for failure to maintain a fence. He suggested that the City of Medina use a similar type of penalty. After some additional discussion the consensus of the Council was to not take any specific action. Smith said she would get together with her neighbors and see if they could work something out. 11. Drug Testing Agreement and Drug Policy Ron Batty said there are two issues here, one is the testing agreement with Minnesota Counties Insurance Trust, which is time sensitive, and the other is the drug testing policy. He said that Jim Dillman originally signed up with the association of counties because they were prepared to conduct this type of testing. Batty said this was basically a renewal of an existing agreement and needed Council approval this evening. He said the second issue, the drug testing policy, would probably not need to be dealt with tonight and has other implications that may involve other City personnel, or the adopting of a broader policy. Medina City Council Meeting Minutes December21, 1999 224 Moved by Carolyn Smith, seconded by Jim Johnson, to approve the testing agreement. Motion passed unanimously. Ron Batty said he and Jim Dillman will bring back the policy to the City Council at a future meeting for approval. There was some discussion about whether or not the drug policy should incorporate all of the City employees. There was no consensus as to whether or not that should happen at this time. Ron Batty said that most personnel policies do include an all encompassing drug policy and he suggested the City Council consider that. 12. Approval of the 2000 Tax Levy Moved by John Hamilton, seconded Jim Johnson, to approve Resolution 99-77 approving the 2000 Tax Levy and Budget. Motion passed unanimously. 13. Resolution Accepting Donations Moved by Carolyn Smith, seconded by Phil Zietlow, to approve Resolution 99-78 accepting donations. • Cabin Social Donations Glaefke, Howard $25 Schmit, Barbara $100 Culligan $100 Baird, Donald $1,000 Alworth, Peter $300 Schmidt, Greg $400 Musich, Ron $250 Lemond, Greg $500 Marx, W.A. $1,000 Kennedy & Graven $250 Woodridge Church $200 Koch, Barbara $1,000 Wolfe, Michael $50 Van De Ven, Martha $40 Anderson, Dorothy $500 Hamilton, John $50 Barbarossa, Robert $100 Metro West $5,000 • Metro West Inspection has donated $10,000 to improvements around City Hall • Hamel Fire Department Donated $ 50 to the Police Department and $5,000 to the Hamel Legion Park • Hamel Lions donated $50,000 to the construction of a community building and $30,000 to the tennis courts at Hamel Legion Park and $ 2,000 to repair the Hunter Lions Park sign. Motion passed unanimously. Medina City Council Meeting Minutes December 21, 1999 225 14. Sick Leave Policy Moved by Jim Johnson, seconded by Phil Zietlow, to approve adding the union employees sick leave provision to the non -union employees personnel policy. Motion passed unanimously. There was some discussion about whether or not this should be retroactively implemented. The City staff was to bring that to the Council at an upcoming meeting. 15. Boy Scouts Ed Belland said that the boy scouts would like to have a function on Lake Independence. He said this will involve around 400 kids who will be ice fishing on the lake. Moved by Jim Johnson, seconded by Carolyn Smith, to approve this activity. Motion passed unanimously. 16. Approval of the Bills Moved by Carolyn Smith, seconded by Jim Johnson, to approve the bills, order check #20488- 20540 for $118, 968.59, and payroll check # 16376-16390 for $15,217.86. Motion passed unanimously. 17. Executive Session Moved by John Hamilton, seconded by Carolyn Smith, to close the meeting and go into executive session to discuss litigation issues concerning Holiday Station. Motion passed unanimously. Moved by Carolyn Smith, seconded by Phil Zietlow, to reconvene the regular session. Motion passed unanimously. 18. Adjournment Moved by Phil Zietlow, seconded by John Ferris, to adjourn the meeting at 10:45 p.m. Motion passed unanimously. Medina City Council Meeting Minutes December21, 1999 226 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes December 21, 1999 227 ORDER CHECKS - DECEMBER 21, 1999 20488 ORCHARD TRUST $1,312.00 20489 P.E.R.A. $3,058.18 20490 AIR TOUCH CELLULAR $15.03 20491 AMERICAN EXPRESS $21.39 20492 AMERIPRIDE LINEN & APPAREL SVC $47.19 20493 BCA/FORENSIC SCIENCE LAB $280.00 20494-95 BONESTROO, ROSENE, ANDERLIK $13,696.21 20496 CULLIGAN $69.49 20497 CY'S UNIFORMS $1,095.90 20498 DAVIES WATER EQUIPMENT $93.10 20499 EHLERS & ASSOC $120.00 20500 EMBEDDED SYSTEMS, INC. $708.00 20501 FORTIN HARDWARE $57.90 20502 GALL'S, INC. $207.96 20503 GENUINE PARTS $670.45 20504 GLENWOOD INGLEWOOD $66.80 20505 GOPHER STATE ONE CALL $204.75 20506 GRAINGER $101.21 20507 HATCH, JIM SALES $46.59 20508 HAWKINS WATER TREATMENT GROUP $45.00 20509 HOLIDAY $13.86 20510 IMPREST FUND $364.05 20511 INNOVATIVE ELECTRONIC SOLUTION $1,288.99 20512 JEDLICKI, F.F., INC $40,016.00 20513 KENNEDY & GRAVEN $4,809.35 20514 KUSTOM SIGNALS, INC. $25.98 20515 LAKE BUSINESS SUPPLY $278.39 20516 LAKESHORE WEEKLY NEWS $32.50 20517 LAMETTI & SONS 15,800.00 20518 LARSON, SANDRA $32.07 20519 LMCIT $428.00 20520 LONG LAKE, CITY OF $831.12 20521 MAYER DISTRIBUTING $4,027.38 20522 METRO UTILITIES, INC. $23,669.25 20523 MINN COMM $30.69 20524 MINNESOTA CHILD SUPP. PYT.CTR $595.00 20525 M N-G FOA $30.00 20526 NEXTEL WEST CORP $551.25 20527 NORSTAN COMMUNICATIONS, INC $90.53 20528 NORTHERN STATES POWER $1,079.73 20529 NORTHERN STATES POWER $235.00 20530 PROTOCOL COMMUNICATIONS, INC. $75.00 20531 REYNOLDS WELDING $22.37 20532 SCHOENING EXC. $660.00 4 Medina City Council Meeting Minutes December 21, 1999 228 ORDER CHECKS — DECEMBER 21, 1999 (CONT'D) 20533 SCHWAAB, INC. $119.88 20534 SKYWAY PUBLICATIONS, INC. $137.50 20535 STREICHER'S $937.15 20536 TWIN CITY WATER CLINIC $20.00 20537 U.S. WEST COMMUNICATIONS $85.20 20538 UNIVERSITY OF MINNESOTA $190.00 20539 USPS $500.00 20540 XEROX CORPORATION $75.20 Total Checks $118,968.59 PAYROLL CHECKS DECEMBER 20, 1999 16376 ROBINSON, PAUL A. $940.03 16377 SCHERER, STEVEN T. $990.25 16378 MCGILL, CHRISTOPHER R. $1,039.34 16379 ROUILLARD, MICHAEL J $606.31 16380 KROEGER, SCOTT W. $1,150.64 16381 DILLMAN, JAMES D. $1,281.86 16382 DRESSEL, ROBERT P. $923.10 16383 BELLAND, EDGAR J. $1,702.26 16384 VIEAU, CECILIA M $839.48 16385 SULANDER, LAURA L. $987.03 16386 LARSON, SANDRA L. $876.24 16387 BOECKER, KEVIN D. $304.95 16388 PRIEM, JON D. $1,170.24 16389 CHRISTENSON, JEREMY L. $1,104.35 16390 NYSTROM, JAMES $1,301.80 $15,217.88 Medina City Council Meeting Minutes December21, 1999