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HomeMy Public PortalAbout12/26/95 Special CCM213 MEDINA CITY COUNCIL SPECIAL MINUTES OF DECEMBER 26, 1995 The City Council of Medina, Minnesota met for a special session on December 26, 1995 at 9:00 a.m. in the City Hall Council Chambers. Mayor Anne Theis presided. Members present: John Ferris, Ann Thies, Phil Zietlow and Mayor Anne Theis. Members absent: Jim Johnson Also present: City Engineer Shawn Gustafson, City Attorney Ron Batty, and Deputy Clerk -Treasurer Laura Sulander. 1. Discussion of Minnehaha Creek Watershed District Ron Batty went over the written list of conditions for the Minnehaha Creek Watershed District sedimentation pond as was discussed when he met with the MCWD on December 21, 1995. There was an amendment to condition number 10, omission of condition number 11, and a disagreement of condition number 16 which involved the amount of fees that the MCWD was to reimburse to the city. John Thomas, Chair of the MCWD Board, said the MCWD should only have to pay the engineering and legal fees directly related to approval of the permit. He said the watershed district would like the city to do the maintenance and that the city did not need an additional easement, since the city could use the MCWD easement. He indicated that the MCWD had not paid more than about $300 in fees for any other project. Phil Zietlow said the city had not charged in any manner differently than other applicants to do a project in the city, such as the landfill in which Wenck's engineering fees alone were approximately $161,000. Ann Thies asked how much money the MCWD was willing to pay. Thomas said the amount was anywhere from $1,800 to $2,500, the latter being the amount already in escrow, and certainly not in the thousands, such as the $14,410 described in item #16 of the conditions. The MCWD would be willing to leave the $2,500 in escrow and ask that the city issue the permit. Ron Batty said that at the December 21 meeting with the MCWD, the copies of the bills from Kennedy & Graven and Bonestroo were presented and only the expenses related to the permit were included. Bonestroo's total bill was approximately $12,000.00 and Kennedy & Graven's bill was approximately $2,500. Shawn Gustafson said that Bonestroo made a recommendation about the EAW to the council which was included in this amount. MOVED BY THEES, SECONDED BY MAYOR THEIS TO GO INTO EXECUTIVE SESSION AT 9:35 A.M. MOTION PASSED UNANIMOUSLY. 214 MOVED BY THIES, SECONDED BY MAYOR THEIS TO GO OUT OF EXECUTIVE SESSION AT 10:15 A.M. MOTION PASSED UNANIMOUSLY. John Ferris said to those present --John Thomas and Tom LaBounty from the MCWD and Mike Panzer of Wenck--that the council discussed the issue of the fees with Ron Batty and Shawn Gustafson and their fees did not include anything related to the moratorium, only to the project. The total charges pertaining to the EAW were estimated at approximately $1,100, including Loren Kohnen's time as well. Ferris said only that item was a debatable issue and could be taken out. Whether the city had spent too much or too little time reviewing the application was not the issue. The total amount without the EAW costs was $13,300. The EAW did have a basis for precedent setting at this time. John Thomas asked if any of the alum treatment was included. John Ferris said that this figure was the cost of the direct review of the project and no alternatives. John Thomas asked if they could have a few minutes to go over the bills with Shawn Gustafson and Mike Panzer. Ron Batty said they should come up with an agreed upon dollar amount. John Thomas asked if the council was satisfied with the lake expertise for the EAW process. Phil Zietlow said he was not satisfied with the the EAW. For example, the impact to any fish in the stream was not addressed. The EAW said there were no fish in the stream, when in fact there were Northern Pike. Tom LaBounty said that if the council was not satisfied with the EAW they should have applied for a hearing. Since this was not done, then the issues were "put to bed." The city's issues could have been addressed at that time. Shawn Gustafson said the purpose of the EAW was to determine if an EIS was required. John Thomas said he did not understand why the size of the pond made a difference. Tom LaBounty said the DNR was very much involved with the size of the pond and did not see why the city also had to address the size. Phil Zietlow said that each extra truckload of dirt taken from the pond magnified the safety issues the city was concerned about. He said the smaller the pond, the less potential for accidents. Mayor Theis asked if the design was completed when Bonestroo started the review of the application. 215 Mike Panzer said not completely. He asked about Cecilio Olivier's time on Bonestroo's bill. Shawn Gustafson pointed out that Cecilio Olivier was Bonestroo's expert in pond design. John Ferris said that the core issue was the impact on the city. John Thomas asked if the MCWD could split the difference between the $13,300 and the $2,500. Mayor Theis said that the city could not do this. Mike Panzer said the costs directly applicable to the permit should be less than $5,000, but if the costs were related to safety, where do you go with it. John Ferris said the council protects the interests and impact to the citizens of Medina. Phil Zietlow said that the landfill's proposed design was changed based on the advise of the city's engineers, for example. Mike Panzer said that the engineering work done by Cecilio Olivier was related to alternatives. Shawn Gustafson said that he needed Olivier's work to make the recommendation to the council. Tom LaBounty proposed paying $10,000 total, less the $2,500 deposit that the city already had, leaving a balance due of $7,500. MOVED BY MAYOR THEIS, SECONDED BY, SECONDED BY FERRIS TO GO INTO EXECUTIVE SESSION AT 10:52 A.M. MOTION CARRIED UNANIMOUSLY. MOVED BY MAYOR THEIS, SECONDED BY THIES TO MOVE INTO REGULAR SESSION AT 11:02 A.M. MOTION CARRIED UNANIMOUSLY. MOVED BY FERRIS, SECONDED BY ZIETLOW TO ADOPT THE CONDITIONS FOR THE MINNEHAHA CREEK WATERSHED DISTRICT SEDIMENTATION POND AS FOLLOWS: 1. ITEM #5 TO BE AMENDED TO REFLECT AN AMENDED VERSION OF ANDREW E. SYVERSON'S MEMO DATED DECEMBER 26, 1995. 2. TO AMEND ITEM 10 TO STRIKE "THE OPTION" AND TO ADD INSTEAD "A RIGHT OF FIRST REFUSAL" AS PROPOSED AT THE DECEMBER 21 MEETING BETWEEN THE WATERSHED, RON BATTY, ANN THIES AND PHIL ZIETLOW. 3. TO STRIKE ITEM 11. 4. TO CHANGE THE DOLLAR AMOUNT IN THE FORMER ITEM 16 WHICH 216 BECOMES ITEM 15 AFTER STRIKING #11 TO BE $10,000 INSTEAD OF THE $14,410, LESS THE DEPOSIT ALREADY PAID TO THE CITY OF $2,500, LEAVING A BALANCE OF $7,500. THE BILL IS TO BE SENT DIRECTLY TO THE WATERSHED FOR THIS AMOUNT. MOTION CARRIED UNANIMOUSLY. 2. Adjournment MOVED BY ZIETLOW, SECONDED BY THIES TO ADJOURN THE MEETING AT 11:06 A.M. MOTION CARRIED UNANIMOUSLY. Anne E. Thies, Mayor ATTEST: 9&,(te.2/fir6.!,/. `'Laura L. Sulander, Deputy Clerk -Treasurer December 26, 1995