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Home My Public Portal About03/06/96 CCM37 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 6, 1996 The City Council of Medina, Minnesota met in regular session on March 6, 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: Public Works Director Jim Dillman, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, and City Clerk -Treasurer Jeff Karlson. 1. Adoption of the Agenda MOVED BY THIES, SECONDED BY ZIETLOW, TO ADOPT THE PUBLISHED AGENDA WITH THE FOLLOWING ADDITIONS: • UPDATE ON COOPER HORSE FEEDER • REPORT OF ILLEGAL HAULING OF FILL TO ALPINE FARMS • DISCUSSION OF MINNESOTA DEPARTMENT OF HEALTH LETTER • MINNEHAHA CREEK WATERSHED DISTRICT COOPERATIVE AGREEMENT • EXECUTIVE SESSION TO DISCUSS MIKE LARSON LITIGATION MOTION PASSED UNANIMOUSLY. 2. Minutes MOVED BY THIES, SECONDED BY MAYOR THEIS, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 20, 1996, AS AMENDED, AS FOLLOWS: • PAGE 3, ITEM 8, PARAGRAPH 5, LINE 5, TO READ, "...TO PARKVIEW TRAIL IN SEVEN YEARS UNLESS SOMETHING UNFORESEEN NECESSITATED THAT THE ROAD BE PAVED SOONER." • PAGE 3, ITEM 8, PARAGRAPH 6, LINE 1, TO READ, "...OF HAMEL ROAD FROM ARROWHEAD DRIVE TO PIONEER... WHEREVER POSSIBLE TO ACCOMMODATE A MULTI -USE THOROUGHFARE." • ITEM 8, ADD LINE 2 TO PARAGRAPH 6, TO READ, "ON HAMEL ROAD FROM PIONEER TRAIL TO PARKVIEW DRIVE, THE COUNTY'S OBJECTIVE WAS TO PROVIDE A TEN FOOT GRAVEL SHOULDER ON THE NORTH SIDE FOR A MULTI -USE TRAIL." • ITEM 8, ADD LINE 3 TO PARAGRAPH 6, TO READ, "A TEN FOOT GRAVEL SHOULDER WOULD ALSO BE PROVIDED ON THE SOUTH SIDE OF PIONEER TRAIL WHEREVER POSSIBLE." • PAGE 4, PARAGRAPH 3, TO READ, "...COUNTY WOULD NOT HAVE TO..." MOTION PASSED UNANIMOUSLY. 38 3. Public Hearing — Vacation of Five Foot Drainage and Utility Easement Mayor Theis opened the public hearing at 7:36 p.m. to consider the vacation of a five foot drainage and utility easement on the southern portion of Lot 1, Block 1, Walnut Estates. The vacation was being considered because of a request from Thomas Wellhausen, 4505 Walnut Street, to combine Lots 11 and 12, Block 10, Independence Beach, with Lot 1, Block 1, Walnut Estates. There were no comments from the public. MOVED BY THIES, SECONDED BY MAYOR THEIS, TO CLOSE THE PUBLIC HEARING AT 7:37 P.M. MOTION PASSED UNANIMOUSLY. Mayor Theis asked if the City would need to obtain another drainage easement from Wellhausen when the lots were combined. Ron Batty said the City would take care of this when the property was replatted. MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO ADOPT RESOLUTION NO. 96-8, "RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT." AYES: FERRIS, JOHNSON, THIES, ZIETLOW AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 96-8 ADOPTED ON A 5-AYE AND 0-NAY VOTE. 4. Public Hearing on Proposed Use of 1996 CDBG Funds Mayor Theis opened the public hearing at 7:40 p.m. to hear comments on the City's proposed use of the 1996 Urban Hennepin County Community Development Block Grant Program proposed planning allocation of $14,115. The City was proposing to use CDBG funds to replace the sidewalks and curb in front of city hall to improve public safety and to provide adequate handicapped accessibility. Wally Doerr, 4405 County Road 116, said he was interested in preserving the quality of Medina Lake and asked if CDBG funds could be used for this purpose. Doerr said there was public access to the 35-acre lake. Mayor Theis told Doerr the City would look into the possibility of using CDBG funds for the enhancement and preservation of Medina Lake. Phil Zietlow asked Doerr to attend the next park commission meeting to introduce the idea of making Medina Lake more accessible to the public. MOVED BY THIES, SECONDED BY MAYOR THEIS, TO CLOSE THE HEARING AT 7:48 P.M. MOTION PASSED UNANIMOUSLY. MOVED BY FERRIS, SECONDED BY THIES, TO ADOPT RESOLUTION NO. 96-9, "RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 39 AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY." AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 96-9 ADOPTED ON A 5-AYE AND 0-NAY VOTE. 5. Engineering Services for Woodlake Sanitary Landfill Loren Kohnen said he and Council Member Ann Thies interviewed three prospective engineering firms to monitor the water quality at the Woodlake Sanitary Landfill. They recommended that the City contract with Schoell and Madson, Inc. because of the company's practical, down-to-earth approach, its close proximity, and its reasonable hourly rates. This service was previously performed by Wenck & Associates. MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE A ONE-YEAR CONTRACT WITH SCHOELL AND MADSON, INC. FOR ENGINEERING SERVICES AT THE WOODLAKE SANITARY LANDFILL. MOTION PASSED UNANIMOUSLY. 6. Wahlfors Amended Grading Plan Ron Batty said Jack Wahlfors wished to modify the grading plan for his property in connection with the Minnehaha Creek Watershed District's Deer Hill Road Project. The change involved moving the location of 10,000 cubic yards of fill. Batty said City Engineer Shawn Gustafson visited the site and raised no objections to the newly proposed location. Loren Kohnen noted that the City would ask that additional silt fencing be installed. MOVED BY FERRIS, SECONDED BY ZIETLOW, TO APPROVE JACK WAHLFORS' AMENDED GRADING PLAN CONSISTING OF THE PLACEMENT OF UP TO 10,000 CUBIC YARDS OF FILL TO A LOCATION ON THE NORTH SIDE OF HIS PROPERTY, ADJACENT TO DEER HILL ROAD. MOTION PASSED UNANIMOUSLY. Jack Wahlfors thanked the council for everything they did for him during this stressful period by making the whole process easier in his negotiations with the Minnehaha Creek Watershed District. 7. Road Maintenance Materials MOVED BY THIES, SECONDED BY JOHNSON, TO ADOPT RESOLUTION NO. 96- 10, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR ROAD MAINTENANCE MATERIALS." AYES: FERRIS, JOHNSON, THIES, ZIETLOW AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 96-10 ADOPTED ON A 5-AYE AND 0-NAY VOTE. 8. Update on William and Sharron Cooper Horse Feeder Loren Kohnen said William and Sharron Cooper were now going to build a 120 square foot three -sided, portable structure for their horses to meet the existing zoning requirements. 40 John Ferris commended Kohnen for working out a solution that satisfied both the City and the Cooper's. 9. Alpine Farms — Illegal Fill Activity Loren Kohnen said he received a call that dump trucks were hauling dirt and other materials into Alpine Farms. Kohnen said the material was being hauled from Otten Bros. Nursery in Long Lake and was being dumped on the northeast corner of the horse stable building on the edge of a wetland near a creek. Kohnen said the fill contained contaminated soil, concrete, and plastic bags. He talked to the contractor doing the hauling who indicated that he still had 400 cubic yards of fill to haul. Kohnen said the city ordinance allowed up to 300 yards of clean fill without a permit. John Ferris asked what the basis would be for the City ever to allow this type of activity to occur. Kohnen responded that there was no reason to. Ferris said it was important that the fill be removed as soon as possible before a spring thaw. He strongly recommended that Kohnen inform the hauler that the fill had to be removed immediately. 10. Department of Health Letter Ann Thies asked about the public works department's failure to submit a January water sample to the Minnesota Department of Health. She asked if the City sent a sample every month; and if so, why not each quarter. Jim Dillman said because of the three water systems in Medina, a water sample was sent out each month on a rotating basis. 11. Cooperative Agreement with Minnehaha Creek Watershed District Ron Batty said he sent a revised copy of the cooperative agreement to the Minnehaha Creek Watershed District and had not heard any comments. Batty said his letter implied that this was the agreement the council was willing to accept. He said if the MCWD could not live with the changes, they would have to come back to the City. Jim Dillman pointed out that the City needed to be thinking about how the road to the pond should be maintained. Batty said the City needed an independent agreement with Jack Wahlfors for an easement to access the pond. Wahlfors said he did not have a problem with that. 41 12. Payment of Bills MOVED BY THIES, SECONDED BY ZIETLOW, TO APPROVE PAYMENT OF ORDER CHECK NUMBERS 15609-15667 FOR $482,035.57 AND PAYROLL CHECK NUMBERS 14710-14728 FOR $16,953.14. MOTION PASSED UNANIMOUSLY. 13. Executive Session MOVED BY THIES, SECONDED BY ZIETLOW, TO MOVE INTO EXECUTIVE SESSION AT 8:25 P.M. ON THE BASIS OF ATTORNEY -CLIENT PRIVILEGE TO DISCUSS CIVIL LITIGATION AGAINST MICHAEL LARSON. MOTION PASSED UNANIMOUSLY. MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO CLOSE THE EXECUTIVE SESSION AT 8:41 P.M. MOTION PASSED UNANIMOUSLY. 14. Adjournment MOVED BY THIES, SECONDED BY ZIETLOW, TO ADJOURN THE MEETING AT 8:42 P.M. MOTION PASSED UNANIMOUSLY. Anne E. Theis, Mayor ATTEST: J6ffrbyfE. Kaflson, City Clerk -Treasurer March 6, 1996 A T & T 15609 15610 Adam's Pest Control 58.58 15611 Allstar Electric 2,461.64 15612 American Bank & Trust 362,320.00 15613 American Linen Supply 42.18 $T� ?_ 15614 Bierman Homes, Inc 925.35 15615 Bonestroo, Rosene, Anderlik 3,249.42 15616 Budget Printing 807.06 15617 Classic Cleaning 191.70 15618 Commercial Life Ins. Co. 84.65 15619 Commissioner of Revenue 1,157.64 15620 Delta Dental 621.90 15621 E-Z-Recycling 2,132.58 15622 Egan oil Co. 489.60 15623 Equal Net 25.80 15624 Farmers State Bank 5,143.70 15625 Fortin Hardware 52.48 15626 Glenwood Inglewood 115.41 15627 Greater N.W. Office 2,628.84 15628 Hamel Building Center 470.14 15629 Hamel Fire Dept. 15,968.25 15630 Hardrives, Inc 35,070.29 15631 HealthPartners 2,170.72 15632 Hennepin Co. Treasurer 100.01 15633 Hennepin Co. Treas.,Acctg.Svc. 46.86 15634 Jude Wholesale/Advantage Paper 23.13 15635 Kennedy & Graven 4,595.12 15636 Lakeshore Weekly News 236.25 15637 Lathrop Paint 281.59 15638 Lawson Products 101.29 15639 League of Minnesota Cities Ins. Trust 497.00 15640 Long Lake Fire Dept. 2,708.25 15641 Long Lake Tractor 3,880.33 15642 Loretto Fire Dept. 8,005.00 15643 Maple Plain Fire Dept. 775.0 15644 Mayer Mobil 40.3 15645 Medica 3,517.67 15646 Metropolitan Council (Treatment Chgs) 7,803.00 15647 Metropolitan Council (SAC Charges) 2,524.50 15648 Minnegasco 750.98 15649 Minnesota Dept. of Health Void 0.00 15650 Mothers Motors/Loretto Towing 12.00 15651 Northern States Power 2,612.99 15652 P.E.R.A. 2,578.38 15653 Pitney Bowes 283.38 15654 Postmaster 85.00 Q 4� .-15655 Richard Rabenort 184.89 GIN' 15656 Randy's Sanitation 77.38 15657 Reynolds welding 43.73 15658 St. Joseph's Equipment 53.63 15659 Streicher's 19.06 15660 Superior Ford 271.30 15661 U.S. West Cellular 112.91 15662 U.S. West Communications 312.79 15663 Warning Lites 45.00 15664 Westisde Wholesale Tire 92.03 15665 Wright -Hennepin Electric 1,286.35 15666 Wright -Hennepin Security Services 18.64 15667 Ziegler, Inc 1,125.52 ORDER CHECKS - MARCH 6, 1996 35 $ 13.30 $481_,301.57 36 PAYROLL CHECKS - MARCH 6, 1996 14710 Anne E. Theis $ 207.79 14711 Ann C. Thies 138.52 14712 John B. Ferris 138.52 14713 Philip K. Zietlow 138.52 14714 James R. Johnson 138.52 14715 Steven T. Scherer 880.85 14716 Richard R. Rabenort 1,326.60 14717 Michael J. Rouillard 1,046.07 14718 Scott A. Stillman 1,106.90 14719 James D. Dillman 1,195.68 14720 Robert P. Dressel 1,203.20 14721 Edgar J. Selland 1,138.92 14722 Jeffrey E. Karlson 1,217.53 14723 Cecilia M. Vieau 644.94 14724 Laura L. Sulander 885.78 14725 Sandra L. Larson 742.34 14726 Joseph R. Heyman 900.72 14727 Jon D. Priem 851.36 14728 Scott Stillman 3,050.38 $16,953.14