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.
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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.
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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
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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:
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`'Laura L. Sulander, Deputy Clerk -Treasurer
December 26, 1995