HomeMy Public PortalAbout01/02/96 CCM4
MEDINA CITY COUNCIL MEETING MINUTES OF JANUARY 2, 1996
The City Council of Medina, Minnesota met in regular session on January 2, 1996, at
7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided.
Members present: John Ferris, Jim Johnson, Ann Thies, Phil Zietlow, and Mayor
Theis.
Members absent: None.
Also present: Police Chief Rick Rabenort, Public Works Director Jim Dillman, City
Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, Clerk -Treasurer Jeff
Karlson, and Dan Greensweig, Kennedy & Graven attorney.
1. Adoption of the Agenda
MOVED BY THIES, SECONDED BY ZIETLOW, TO ADOPT THE PUBLISHED
AGENDA WITH THE FOLLOWING ADDITIONS:
• UPDATE OF TH 12 CORRIDOR PROJECT
• DISCUSSION REGARDING STOP SIGNS ALONG HAMEL ROAD
• CONSIDERATION OF WALKWAY TRAIL ALONG HUNTER DRIVE
MOTION PASSED UNANIMOUSLY.
2. Consent Agenda
MOVED BY THIES, SECONDED BY FERRIS, TO APPROVE THE CONSENT
AGENDA, AS FOLLOWS:
• APPROVAL OF LAWFUL GAMBLING LICENSE AND ONE DAY BEER PERMIT
FOR HOLY NAME CHURCH ON MARCH 16, 1996
MOTION PASSED UNANIMOUSLY.
3. Minutes
MOVED BY ZIETLOW, SECONDED BY THIES, TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF DECEMBER 19, 1995, AS AMENDED, AS FOLLOWS:
• PAGE 1, ITEM 3, BULLET ONE, TO READ, "THE COUNCIL DIRECTED RICK
RABENORT TO TALK TO MINKLER'S NEIGHBORS..."
• PAGE 4, PARAGRAPH 9, TO READ, "...AND THERE WERE RIDING TRAILS.."
• PAGE 5, ADD NEW PARAGRAPH 6, TO READ, "BOB BRADLEY POINTED OUT
THAT A LIST WAS SUBMITTED THAT SPECIFIED WHAT MANY RESIDENTS
FELT WAS IMPORTANT. THE LIST INCLUDED THE FOLLOWING ITEMS:"
• PAGE 6, ITEM 6, DELETE PARAGRAPH 4.
• PAGE 7, PARAGRAPH 1, LINE 4, TO READ, "THE BUSINESS WOULD HAVE TO
BE MOVED IF THE NEW OWNER WISHED TO EXPAND OR CHANGE THE
OPERATION OF THE BUSINESS."
MOTION PASSED UNANIMOUSLY.
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MOVED BY THIES, SECONDED BY MAYOR THEIS, TO APPROVE THE MINUTES
OF THE SPECIAL MEETING OF DECEMBER 26, 1995, AS AMENDED, AS
FOLLOWS:
• PAGE 1, ITEM 1, PARAGRAPH 3, TO READ, "...IN WHICH WENCK'S
ENGINEERING FEES ALONE WERE..."
• PAGE 1, ITEM 1, PARAGRAPH 5, LINE 2, TO READ, "...BONESTROO'S TOTAL
BILL WAS APPROXIMATELY $12,000 AND KENNEDY & GRAVEN'S BILL WAS
APPROXIMATELY $2,500."
• PAGE 2, ADD NEW PARAGRAPH 13, TO READ, "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."
• PAGE 3, PARAGRAPH 1, LINE 2, TO READ, "...ABOUT CECILIO OLIVIER'S
TIME
• PAGE 3, PARAGRAPH 2, DELETE LINE 2.
• PAGE 3, PARAGRAPH 10, TO READ, "...BY CECILIO OLIVIER..."
• PAGE 3, PARAGRAPH 11, TO READ, "NEEDED OLIVIER'S WORK..."
MOTION PASSED UNANIMOUSLY.
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4. Update of TH 12 Corridor Project
Valerie Reinaas, project manager for the Trunk Highway 12 Corridor Project, provided
an update on the Major Investment Study (MIS) report and the Traffic System
Management (TSM) plan. The purpose of the MIS report --mandated by the federal
government --was to consider financial feasibility, cost effectiveness, and equity issues.
Reinaas reported that the state was looking at several alternatives in order to come up
with the most effective solution at the least cost. Reinaas said MnDOT was addressing
four major problems along the Highway 12 corridor: safety, capacity, accessibility, and
structural capacity. She pointed out that MnDOT anticipated a traffic volume increase
of ten to twelve thousand cars a day over the next 20 years. Reinaas added that
Highway 12 was currently at capacity through Long Lake. Reinaas remarked that the
City of Medina would have an opportunity to comment on the Major Investment Study,
the same as an EIS, once the document was completed.
5. Appointment of Acting Mayor
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO APPROVE THE
APPOINTMENT OF ANN THIES AS ACTING MAYOR. MOTION PASSED
UNANIMOUSLY.
6. Designation of Official Newspaper
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO DESIGNATE THE
LAKESHORE WEEKLY NEWS AS THE CITY'S OFFICIAL NEWSPAPER IN 1996.
MOTION PASSED UNANIMOUSLY.
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7. Designation of Official Depositories
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO DESIGNATE THE
FOLLOWING INSTITUTIONS AS DEPOSITORIES IN 1996: FARMERS STATE BANK
OF HAMEL, FIRST BANK OF MINNEAPOLIS, SMITH BARNEY, PRUDENTIAL
SECURITIES, STATE BANK OF LORETTO, BANK OF MAPLE PLAIN, 4M FUND, AND
JURAN & MOODY. MOTION PASSED UNANIMOUSLY.
8. 1996 Appointments
MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE THE FOLLOWING
APPOINTMENTS IN 1996:
OFFICE OR COMMITTEE NAME(S)
1. ACTING MAYOR
2. PUBLIC SAFETY COMMISSIONER
3. PUBLIC WORKS COMMISSIONER
4 PLANNING & ZONING COMMISSIONER
5. PARKS COMMISSIONER
6. ADMINISTRATION COMMISSIONER
7. FINANCE COMMITTEE
8. CITY ATTORNEY
9 PROSECUTING ATTORNEY
10. CITY ENGINEER
11. BUILDING INSPECTOR
12. WHRC COMMISSIONER
13. LAKE MINNETONKA COMMUNICATION
COMMISSIONERS (2)
14. NWS CHAMBER OF COMMERCE
15. WEST HENNEPIN HUMAN SERVICES
16. FIRE MARSHAL
17. WEED AND TREE INSPECTOR
18. ELM CREEK WATERSHED COMMISSION
(COMMISSIONER AND ALTERNATE)
19. PIONEER CREEK WMO
(COMMISSIONER AND ALTERNATE)
20. MINNEHAHA CREEK WMO
(COMMISSIONER AND ALTERNATE)
21. NW LEAGUE OF MUNICIPALITIES
22. COMMUNITIES IN COLLABORATION
COUNCIL
24. PARK COMMISSION (2)
(THREE YEAR TERM)
25. HIGHWAY 12 POLICY COMMITTEE
ANN THIES
JOHN FERRIS
JIM JOHNSON
ANN THIES
PHIL ZIETLOW
ANNE THEIS
JOHN FERRIS, ANNE THEIS
RON BATTY, KENNEDY & GRAVEN
STEVE TALLEN
SHAWN GUSTAFSON, BONESTROO
LOREN KOHNEN, METRO WEST
JEFF KARLSON
ANN THIES, KEVIN WAGMAN
ANNE THEIS, JIM JOHNSON
ANNE THEIS
LOREN KOHNEN
PHIL ZIETLOW
PATRICK KLISE, BILL WAYTAS
DONALD JOHNSTON, MARY ANN
HUSETH
PHIL ZIETLOW, JOHN FERRIS
ANNE THEIS
JIM JOHNSON
VAL HIGGINS, GERALD
DYKHOFF
ANN THIES
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MOTION PASSED UNANIMOUSLY.
9. Approval of Cigarette Licenses
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO APPROVE THE RENEWAL
OF CIGARETTE LICENSES TO THE FOLLOWING BUSINESSES: MEDINA RED
CARPET INN, MEDINA RECREATIONS, STOP-N-GO LIQUORS, ANDERSON
LIQUORS, BIG WOODS SALOON, ROLLING GREEN COUNTRY CLUB, INN
KAHOOTS, DON MAYER, INC., OLSON'S MERCANTILE, AND HOLIDAY
STATIONSTORES. MOTION PASSED UNANIMOUSLY.
10. Update on Proposed Gambling Casino
John Ferris gave a brief report detailing how the city was handling the situation
regarding the proposed gambling casino at the old drive-in theater site north of
Highway 55. Ferris said the City was monitoring the site closely for any zoning
violations and would call upon the state if any gambling activity would occur at this
location. Ferris expressed his appreciation to the residents for their phone calls, city
staff for their time in this matter, and Senator Gen Olson for providing the information
and contacts that helped guide the City through the process. He assured the residents
in attendance that the City would not rest easy until the situation was completely
resolved.
Senator Gen Olson said the attorney general's office and the gambling control division
both assured her that the state would shut down any gambling activity on the site. She
said the main concern should be to avoid any confrontation with the property owner to
keep the matter from getting more attention.
11. Wes and Diane Schroeder -- Conditional Use Permit
Wes and Diane Schroeder, applied for a conditional use permit for a third accessory
building on their 24-acre property located at 3705 County Road 19. They had two
existing buildings totaling 2,877 feet. The new pole building would be 3,744 square
feet.
The planning commission recommended that the conditional use permit be approved
with four conditions.
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO DIRECT STAFF TO
PREPARE A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT TO WES AND DIANE SCHROEDER WITH THE FOUR CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION. MOTION PASSED
UNANIMOUSLY.
12. Adoption of Ordinance Amending Ordinance 286
Ron Batty had prepared an ordinance amending Ordinance No. 286 which regulated
development activity within the City of Medina. The new ordinance amended 286 by
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increasing the amount of excavation that could occur within any wetland from one acre
to five and one-half acres.
MOVED BY ZIETLOW, SECONDED BY THIES, TO ADOPT ORDINANCE NO. 287,
"AN ORDINANCE AMENDING ORDINANCE NO. 286, REGULATING DEVELOPMENT
ACTIVITY WITHIN THE CITY OF MEDINA AND DIRECTING A STUDY TO
CONDUCTED THEREON."
AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE.
ORDINANCE NO. 287 ADOPTED ON A 5-AYE AND 0-NAY VOTE.
13. Resolution Granting a Permit to the MCWD
The council was presented with a revised resolution which would, in effect, grant the
Minnehaha Creek Watershed District a permit to construct a wetland detention pond
south of Deer Hill Road. The resolution contained 16 conditions which had to be
followed.
John Ferris read a statement regarding the MCWD project. Ferris said based on the
work performed by the city's engineers, he had serious concerns regarding the cost
effectiveness of this project. He stated that he did not like the process whereby a non-
elected agency with no direct accountability to voters could levy taxes, condemn
property, and spend over $3 million of taxpayer's money without formal cost
justification. Ferris said he did not like the fact that the City of Medina was left out of
the process until all of the decisions were made. He also did not like reading in the
paper that the City was involved throughout this process when it was not. Ferris
pointed out that the final project had a far larger impact on the city than the council was
originally told it would. Ferris added that he would vote to approve the permit only
because he wanted to get this matter resolved, and because of the way this process
worked, the council did not really have a choice.
MOVED BY ZIETLOW, SECONDED BY THIES, TO ADOPT RESOLUTION NO. 96-1,
"RESOLUTION GRANTING A PERMIT TO THE MINNEHAHA CREEK WATERSHED
DISTRICT."
AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE.
RESOLUTION NO. 96-1 ADOPTED ON A 5-AYE AND 0-NAY VOTE.
14. Public Works Dept. -- Authorization to Purchase Equipment
Jim Dillman requested authorization to purchase a broom for the skid steer loader at an
estimated cost of $4,550 and a trailer for $4,855. Dillman noted that $10,000 had been
budgeted for the purchases in 1996.
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO APPROVE THE
PURCHASE OF A BROOM AND A TRAILER AT AN ESTIMATED COST OF $9,405.
MOTION PASSED UNANIMOUSLY.
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15. Skating Rink at Walnut Park
Jim Dillman recommended that the skating rink at Walnut Park be expanded by
removing maple trees and putting down a liner and aggregate lime. Dillman said the
rink should be maintained primarily for skating and not as a volleyball court.
The council agreed that the park commission should review the matter and come back
to the council with a recommendation.
16. Update on Alison Winkler Hunting Complaint
Rick Rabenort said he talked to all the residents living near Alison Winkler about
hunting. Three wanted hunting, three did not, and six did not care. Rabenort pointed
out that a lot of the hunting was uncontrolled because many hunters did not have
permission to hunt.
Phil Zietlow commented that if Winkler saw anyone hunting within 100 yards of her
property, she should call the police department.
Rabenort mentioned that he had given everyone in the area a hunting ordinance.
17. Stop Signs Along Hamel Road
Phil Zietlow said based on the public hearing regarding the paving of Hamel Road the
two main concerns were dust and the speed of traffic.
John Ferris said the issue of speeding in the city was becoming a serious issue. Ferris
said the City needed to let people know that speeding would be enforced and then do
it.
Jim Dillman remarked that any traffic engineer would agree that stop signs should not
be used for speed control.
Zietlow said the intent of putting up stop signs was to try to discourage people from
driving on Hamel Road.
Rick Rabenort revealed that speeding tags had decreased because the officers were
dealing with a heavier call load and had less time for speed enforcement.
Ferris said the City needed to create a deterrent by having officers show up throughout
the city.
Mayor Theis reported that she had received several phone calls from people who were
in favor of paving Hamel Road.
Phil Zietlow made a motion to put up stop signs at three intersections along Hamel
Road, but withdrew the motion after staff was directed to bring a recommendation back
to the council.
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18. Consideration of Walkway Trail Along Hunter Drive
Jim Johnson reported that the park commission had expressed concern about the
speed of traffic on Hunter Drive near the park. Johnson said the City should consider
extending the walkway trail in Hunter Park to "old" Navajo Road and north to Hamel
Road.
19. Payment of Bills
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO APPROVE PAYMENT OF
ORDER CHECK NUMBERS 15394-15447 FOR $131,392.95 AND PAYROLL CHECK
NUMBERS 14633-14636 FOR $13,817.16. MOTION PASSED UNANIMOUSLY.
20. Adjournment
MOVED BY MAYOR THEIS, SECONDED BY THIES, TO ADJOURN THE MEETING
AT 9:55 P.M. MOTION PASSED UNANIMOUSLY.
Anne E. Theis, Mayor
ATTEST:
Jeffreyarlson, City Clerk -Treasurer
January 2, 1996
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ORDER CHECKS - JANUARY 2, 1996
15394 B & B Products $ 46.92
15395 Banyon Data Systems 1,808.22
15396 Bonestroo, Rosene, Anderlik 5,784.42
15397 BRC-Elections 237.50
15398 Daniel Breviu 55.00
15399 Budget Printing 274.36
15400 Classic Cleaning 191.70
15401 Commercial Life Ins. Co. 86.35
15402 Commissioner of Revenue 837.42
15403 Communications Auditors 2,130.00
15404 Davies Water Equipment 339.04
15405 Delta Dental 621.90 .1
15406 James Dillman 75.00r
15407 Robert Dressel 75.00
15408 E-Z-Recycling 2,132.58'i
15409 Elm Creek Watershed 1,986.50
15410 Farmers State Bank of Hamel 3,606.32
15411 Gateway 2000 3,065.08
15412 Grainger 3.83
15413 Greater N.W. Office of R.E. Assess 2,430.40
15414 Hamel Fire Dept. 20,200.00
15415 Hardrives, Inc 10,000.00
15416 Health Partners 2,170.72
15417 Henn.Co. Treas., Acctg. Svcs 3,850.14
15418 Intl Assn. of Chiefs of Police 100.00
15419 Kennedy & Graven 18,367.36
15420 Lawson Products, Inc 81.82
15421 Maple Island Group 700.00
15422 MCPA 30.00
15423 Medica 3,517.67
15424 Medina Police Dept. - Petty Cash 77.05
15425 Metro Council Wastewater Svcs. 7,803.00
15426 Metropolitan Council 3,366.00
15427 Minnegasco 637.86
15428 Minnesota Assn. of Women Police 20.00
15429 Minnesota Dept. of Revenue 993.00
15430 Minnesota Pipe & Equipment 376.58
15431 Mound Police Department 180.00
15432 Northern States Power 1,666.13
15433 Olsen Chain & Cable 1,206.65
15434 City of Orono 2,920.67
15435 P.E.R.A. 2,589.06
15436 Postmaster 500.00'
15437 Randy's Sanitation 77.3g
15438 Steven Scherer 75.00"
15439 SOMA, Inc. 992.50
15440 Straight Line Auto 2,635.00
15441 Streicher's 79.82
15442 Superior Ford 18,887.00
15443 Twin City Office 234.30
15444 U.S. West Communications 314.54
15445 United systems Technology 875.00
15446 Wilkins Pontiac 19.79
15447 Zep Manufacturing 61.37
$131,392.95
PAYROLL CHECKS - JANUARY 2, 1996
14633 Anne E. Theis $ 207.79
14634 Ann C. Thies 138.52
14635 John B. Ferris 138.52
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PAYROLL CHECKS - JANUARY 2, 1996 (CONT'D)
14636 Philip K. Zietlow 138.52
14637 James R. Johnson 138.52
14638 Steven T. Scherer 860.68
14639 Richard R. Rabenort 1,257.17
14640 Michael J. Rouillard 1,122.06
14641 Scott A. Stillman 1,024.67
14642 James D. Dillman 1,148.12
14643 Robert P. Dressel 1,028.28
14644 Edgar J. Belland 1,264.73
14645 Jeffrey E. Karlson 1,190.10
14646 Cecilia M. Vieau 743.57
14647 Laura L. Sulander 859.85
14648 Sandra L. Larson 719.96
14649 Joseph R. Heyman 976.40
14650 Jon D. Priem 859.70
$13,817.16