HomeMy Public PortalAbout05/05/92 CCM78
PAYROLL CHECKS - MAY 5, 1992
12735 Gary Acromite $ 207.79
12736 Ann Thies 138.52
12737 Robert Mitchell 138.52
12738 Philip Zietlow 138.52
12739 Wilfred Scherer 138.52
12740 Wayne Wallace 876.67
12741 Jill McRae 935.39
12742 Richard Rabenort 1,045.72
12743 Michael Rouillard 882.20
12744 Scott Stillman 801.69
12745 James Dillman 1,015.99
12746 Robert Dressel 965.34
12747 Edgar Belland 723.65
12748 Cecilia Vieau 540.07
12749 Laura Monroe 694.61
12750 Sandra Larson 537.27
12751 Benedict Young 940.99
12752 Commissioner of Revenue 719.05
12753 Farmers State Bank (S.S.) 646.52
12754 Farmers State Bank (Fed.) 1,757.16
12755 P.E.R.A. 906.64
$14,750.83
ORDER CHECKS - MAY 5, 1992
10739 Delta Dental $ 489.90
10740 Medica Choice 3,139.60
10741 Farmers State Bank 646.52
10742 Postmaster 300.00
10743 Budget Printing 613.07
10744 Copy Duplicating Products 327.60
10745 Greater N.W. Office 2,057.00
10746 Fortin Hardware 17.66
10747 U.S. West Communications 264.18
10748 A T & T 52.50
10749 Wright/Hennepin Electric 1,100.63
10750 Medcenters Health 909.50
10751 Marjorie Vigoren 157.50
10752 Streicher's 51.95
10753 Loretto Towing 327.56
10754 Henn. Co. Gen. Acctg.Div. 1,140.26
10755 Metro Waste Control Comm. 6,750.00
10756 Minn Comm 38.11
10757 Long Lake Ford 28.91
10758 Genuine Parts 142.79
10759 Reynolds Welding 11.70
10760 MAWP 20.00
10761 NSP 1,470.01
10762 Viking Safety Products 40.95
10763 Tri State Pump 60.00
10764 P.E.R.A. 1,235.81
10765 Crow River News 18.00
10766 Bonestroo, Rosene, Anderlik 21,649.92
10767 Commercial Life 42.70
10768 Ditter, Inc. 53.10
10769 Midwest Business Products 102.15
10770 NSP 1,197.55
r� 9
ORDER CHECKS - MAY 5, 1992 (CONT'D)
10771 Amelia Kroeger 581.30
10772 Sheriff's Dept. Co. of Henn. 383.04
10773 Feed Rite Controls 75.00
10774 Pitney Bowes, Inc. 140.00
10775 Uniforms Unlimited 36.00
10776 Shamrock Ind. 304.95
10777 Randy's Sanitation 94.78
10778 Safety Kleen 109.00
10779 Lake Business Supply 113.01
10780 Dolphin Temp. 400.84
10781 Bertelson Office Products 7.44
10782 Copy Mate, Inc. 159.90
10783 Ehler's & Assoc. 14,018.00
10784 Minnesota Dept. of Transp. 27.50
10785 Village Chevrolet 173.58
10786 Southwest Firearms Training 163.28
10787 Martin Body Shop 4,107.35
10788 West Hennepin Human Services 720.00
10789 Construction Material 420.00
10790 Culligan 52.40
10791 Holmes & Graven 15,739.53
10792 Laura Monroe 87.27
10793 Doradus 216.00
10794 West Hennepin Recycling Comm. 200.70
10795 Westside Wholesale 444.62
10796 A T & T Credit corp. 121.42
10797 Imprest Fund 1,211.39
10798 American Business Forms 225.51
10799 System One Management Advisors 995.50
10800 Gopher State One Call 110.00
10801 Twin City Water Clinic 20.00
10802 E-Z-Recycling 2,070.00
$87,986.44
The Council of the City of Medina met in regular session on Tuesday,
May 6; 1992 at 7:30 p.m.
Present: Mayor, Gary Acromite; Councilmembers, Robert Mitchell,
Ann C. Thies, Philip Zietlow; Acting Clerk -Treasurer,
Laura Monroe; Public Works Director, James Dillman;
Police Chief, Rick Rabenort; Engineer, Glenn Cook;
Attorney, Ron Batty; Planning & Zoning Administrator,
Loren Kohnen
Absent: Councilmember Wilfred Scherer
1. ADDITIONAL AGENDA ITEMS
Phil Zietlow asked to add the Wilfred
agenda.
Robert Mitchell asked to remove the Twinco
the agenda.
Laura Monroe asked to add the imprest fund
the general fund on the consent agenda.
"Hunk" Scherer resolution to the
Repayment Agreement from
transfer of $1,211.39 from
2. MINUTES OF APRIL 21, 1992
Ann C. Thies asked that on page 65 that Laveeta Dosch's name be added
as the person making the presentation from the Tamarack Senior Center.
On page 71 substitute the word "which" for "who" bids that were
awarded. On page 75, item #11, omit the word "said" after Ron Batty,
and before the word "explained". On item #10, add "seconded by
Zietlow" after "Moved by Mitchell". Under the C/I Ordinance Amend-
ment, on page 74, insert the word "answers" shouldn't be given over
the phone. On item #14, add the word "light" after "monthly cost".
Moved by Zietlow, seconded by Thies to approve the minutes as amended.
Motion declared carried.
3. CITY HALL ADMINISTRATION - STATUS REPORT
Gary Acromite asked Ron Batty if he had a job description prepared for
the Clerk -Treasurer position.
Ron Batty said he would have one prepared at the end of this week or
the beginning of next week.
Gary Acromite asked about placing an ad.
Phil Zietlow said that there should be a review board of the
applicants.
Gary Acromite asked if there should be a leader of the board.
Robert Mitchell said that there shouldn't be a leader and it should be
handled as it was when they hired the Police Chief, where in the end
there would be one applicant recommended. He said that applications
should be accepted within a certain date.
Moved by Mitchell, seconded by Thies to have the job description
prepared by staff for the Clerk -Treasurer position, and to have the
mayor instruct the city staff where to position the ad.
Motion declared carried.
4. CONSENT AGENDA
PUBLIC WORKS DEPARTMENT
Stop Sign Resolution, Elm Creek Drive
Moved by Mitchell, seconded by Zietlow to table this resolution as the
information needs to be prepared.
Motion declared carried.
Report on Clean Up
Jim Dillman explained in his memo to council that the clean up day
went very well, and over $1,000 was collected, however the expenses
were not as yet figured out.
Gary Acromite asked that a letter of appreciation be sent to the boy
scouts and the Holy Name School children who helped on clean up day by
picking up the road sides.
Moved by Mitchell, seconded by Zietlow to have staff draft and send a
letter of appreciation as proposed.
Motion declared carried.
Road Material
Jim Dillman explained in his memo to council that the city has 7,000
tons of recycled asphalt from the overlay project on Highway 12. It
is to be used on some of the city's lesser traveled gravel roads. The
material will be stock piled at the shop. One problem is that the job
is to be done at night. He explained that he talked with a few close
residents already and will contact everyone affected before they
start. The material can be delivered to the shop at $2.00 per ton,
and the project started May 3, 1992.
5. HAMEL TRUNK SANITARY SEWER EASEMENT ACQUISITION
Glenn Cook explained that there was some change in direction in the
commercial/industrial land. The general consensus of the property
owners in the meeting held with them on April 29 was that they didn't
feel that they were adequately notified during the comprehensive plan
process so that they could provide input. Two of the property owners,
Emil Jubert and Norbert Laurent, indicated that they would not agree
to providing the City with easements in exchange for eliminating the
lateral assessment. Two of the property owners, Johnson and Wessin,
did indicate they would provide the City with easements in exchange
for eliminating the lateral assessment. He said he would recommend
condemnation proceedings be initiated on the property where lack of
cooperating in providing easements is expected. However, the property
owners would continue to be worked with over the next two weeks in an
attempt to obtain easements before the public hearing on May 19. The
property owners would like to work out some exchange of sewered area
within the Urban sewer service area boundary, that would satisfy the
concerned landowners, but may jeopardize the comprehensive plan
amendment. He said he didn't feel that the problems would be able to
be resolved at this time relative to land exchange, but may become
more feasible a few years from now.
Gary Acromite said that he had received a letter from David Wessin,
1125 Hamel Road, one of the property owners along Highway 55 in the
proposed assessment area, and because of this letter, Gary Acromite
said that perhaps they should set up a meeting with the three property
owners involved and discuss what the opposition is before deciding a
course of action and make a May 19 deadline.
Robert Mitchell said that Tom Anderson and the Planning Commission had
talked to the property owners at the public hearings when the Com-
prehensive Plan was being discussed.
Phil Zietlow said that a compromise should be negotiated or it should
be thrown out.
Robert Mitchell said that they had the plan for three to three and a
half years, and city shouldn't be stampeded by someone who didn't want
to be hooked up to the line.
Moved by Mitchell, seconded by Acromite to schedule a meeting with the
Mayor, Phil Zietlow, Glenn Cook and the three property owners, Norbert
Laurent, Emil Jubert and the Wessin's to provide them with any infor-
mation that they still would like and answer any questions before the
May 19 public hearing on the sewer assessment.
Motion declared carried.
Glenn Cook said that they had talked about purchasing the Emil Jubert
property in question.
Gary Acromite said that they would discuss that issue at the meeting.
6. PUBLIC WORKS DEPARTMENT
Park Mower
Jim Dillman said in his memorandum to the city council that the city
owns a 1983 Toro Groundsmaster park mower. The machine is old, and
would like to replace it with a comparable type mower. The cost of a
new mower with a trade-in would be between $10,000-$14,000. The money
is in the 1992 budget under capital improvement from the park fund.
Moved by Mitchell, seconded by Zietlow to authorize staff to prepare
plans and specifications and secure quotes.
Motion declared carried.
7. PLANNING AND ZONING DEPARTMENT
BFI Meeting Report
Loren Kohnen recapped the meeting of April 7 with BFI, Wenck
Associates, and Loren Kohnen. The topics were permit re -issuance,
closure plans for Area I and Boyer Landfill, Area II Lysimeter, Fence
Construction and extension of Saturday hours.
Delano Dietz, Final Subdivision Approval
Loren Kohnen explained that Mr. Dietz of 562 Medina Road was request-
ing final subdivision approval for his property into two lots.
Robert Mitchell said that the setback for the animal structure should
be clarified.
Moved by Thies, seconded by Zietlow to authorize preparation of a
resolution for final subdivision approval for Delano Dietz, 562 Medina
Road as proposed, including clarification for the animal structure
setback.
Motion declared carried.
Jeff Cates, Preliminary Subdivision Approval
Loren Kohnen explained that Mr. Cates was requesting preliminary
approval of approximately 118.9 acres into 5 parcels and one outlot.
He also was requesting a variance to an existing shed that is being
used as an animal structure. The City Engineer requests a drainage
easement over the wetland along Willow Drive, and Lots 1 and 2, Block
2 should be served off a single driveway off the cul de sac. It is
requested that the city obtain right of way for Willow Drive, and a
security deposit for the driveway of $48,720, and a private road
agreement.
Phil Zietlow questioned the variance request for the existing shed.
He asked what the hardship was.
Robert Mitchell said that there was no temporary variance.
Ron Batty said that they could set conditions on a variance but not
make it temporary. He said that they could recognize that the shed is
non -conforming, and that no further subdivision would be allowed on
Lot 3 without removing the shed.
Robert Mitchell suggested that #11 of the Planning Commission recom-
mendations should be changed to reflect that.
Gary Acromite asked if the septic system sites should be shown on the
preliminary subdivision, some criteria to apply the ordinance.
Robert Mitchell asked if the 19 acre parcels could be further sub-
divided.
Loren Kohnen said that the size of the parcels far exceed sizes for
lots that can be divided according to our ordinance for rural residen-
tial subdivision, and that the lots could be further divided.
Robert Mitchell said that there should be some way to show on the
preliminary plat showing some future subdivision potential. He said
that when the resolution comes back that the preliminary plat should
show the additional subdivision potential, drawing for potential
roads, and septic system sites.
Jeff Cates said that to do that work would cost about $1,000. He said
that he originally didn't want to subdivide, but just wanted to build
two homes on their property, one for him, and one for his father, but
were convinced that the subdivision was the proper way to do it.
Loren Kohnen said that Mr. Cates had only wanted to divide it into two
lots.
Moved by Mitchell, seconded by Thies to direct staff to prepare a
resolution for preliminary subdivision approval to Jeff Cates, 4522
Willow Drive, as proposed with Planning Commission Recommendations,
City Engineer's recommendations, and to provide a revised preliminary
plat map showing some level of details as discussed, roads, septic
system sites, proposed future subdivision potential.
Motion declared carried.
Phil Zietlow asked if this would be forcing maximum density.
Robert Mitchell said that all that was requested was information that
the applicant already had, but to have it put on a map for information
that the city could use when the property may be divided in future
years.
Ron Petrucci, Preliminary Subdivision Approval
Loren Kohnen explained that Mr. Petrucci was proposing a subdivision
of 38.75 acres into three lots. Lots 1 and 3 would have access off of
Hamel Road and Lot 2 in Parkview Dr. Hennepin County must approve the
location of the Outlot A on Parkview. A ROW of 40 feet for Parkview
and 33 feet ROW for Hamel Road must be provided, plus a 15 foot trail
easement on each roadway.
Ron Petrucci said that he would not know what someone else would do as
far as further subdivision of the property as he had planned to sell
off two of the parcels.
Gary Acromite said that the City wanted to have this information on
file, however.
Gary Petrucci asked if there would be any compensation for the trail
easements that they would give up. He was concerned that the trails
would be used for motorized, as well as non motorized use.
Robert Mitchell said that reasonable regulations can be imposed by a
city on a subdivision without compensation, such as park fees, as well
as trail easements.
Moved by Mitchell, seconded by Thies to prepare a resolution for
preliminary subdivision approval for Ron Petrucci, Parkview
Drive/Hamel Road, for 3 lots as proposed with recommendations from
Planning Commission, City Engineer, with additional plat work showing
possible future subdivision, and roads.
Phil Zietlow was opposed.
Motion declared carried.
Moved by Acromite, seconded by Mitchell to direct staff to look into a
way of getting a policy established for property owners who want to
subdivide to provide the necessary data for any future subdivision
with roads, septic system sites, etc. at the least possible cost to
them, with the information to be put in the city's file for future
reference.
Motion declared carried.
Loren Kohnen asked if he could work with Glenn Cook and Ron Batty in
setting up this policy.
Gary Acromite said yes.
Loren Kohnen asked if this would have to be done if someone requested
a sketch review.
Gary Acromite said no.
Robert/Connie Hebzynski, Variance, Lake Setback
Loren Kohnen explained that Robert and Connie Hebzynski were request-
ing a variance to the lake setback for their property at 3075 Lakesho-
re for a room addition. The variance is for 24 feet.
Moved by Zietlow, seconded by Thies, to direct staff to prepare a
resolution for approval of a 24 foot variance to lake setback to
Robert and Connie Hebzynski, 3075 Lakeshore for a room addition as
proposed per planning commission recommendations.
Motion declared carried.
BFI/Woodlake, Conditional Use Permit/Methane Collection Bldg./Burn
Stack
Loren Kohnen explained that BFI was requesting a conditional use
permit for a Methane Collection Building/Burn stack.
Dick Coser, Regional Methane Gas Manager for BFI made a slide presen-
tation of the proposed project. He explained that there would be two
blowers, one on standby, going 24 hours a day.
Gary Acromite asked about the decibels.
Greg Chock from BFI said it was within the recommended levels.
Gary Acromite asked if the stack would be visible.
Loren Kohnen said that it would be visible from some parts of Loretto,
and it was south of a grove of trees.
Anne E. Theis asked if the flame could be seen at night.
Dick Coser said that it was totally invisible in the structure.
Gary Acromite said that it would appear as a flame inside a furnace,
as the flame would be inside the building. He asked if there was any
toxic emissions from the facility.
Dick Coser said that emissions would be monitored for volatile organic
compounds.
Phil Zietlow said that he was all in favor in the project but wondered
why it couldn't have been done 10 years ago.
Gary Acromite asked if this system would help, hurt or not effect the
condition of the old Boyer site.
Greg Chock said it would help the condition of the old Boyer site.
Dick Coser said that BFI wants to sell the gas that is obtained from
the site.
Gary Acromite asked if it would be sold at the site or transported
off.
Dick Coser said that BFI would investigate markets for the gas, and it
would be transported off the site.
Moved by Zietlow, seconded by Acromite to direct staff to prepare a
resolution granting a Conditional Use Permit to BFI for a methane
collection building and burn stack, with a variance to the stack
height, based on planning commission recommendations, with clarifica-
tion on item #6 that city may add conditions if warranted, and #8 that
the city retains the right to amend the conditional use permit if
conditions warrant, based on any new technology at the time.
Motion declared carried.
Rural Residential Ordinance Amendment Approval
Moved by Mitchell, seconded by Acromite to table the Rural Residential
Ordinance Amendment until staff reviews it to make sure it complies
with the 64/640 standard proposed by the Metropolitan Council.
Motion declared carried.
Rural Commercial Ordinance Amendment Approval
Robert Mitchell was concerned with proposing a new zoning to protect
the existing property owners in the rural commercial/industrial zone
because if sewer doesn't come for another 100 years, they would have
every legal right to stay.
There was no action taken on the Rural/Commercial Industrial Ordinance
Amendment.
Ron Batty discussed the proposed Non -Conforming Use Ordinance that
would be before the Planning Commission on May 12. It has been worded
so that even if a building burns to the ground in the rural commer-
cial/industrial zoning that would be in non compliance with the
adoption of this amendment it could be rebuilt but could not be
expanded.
Gary Acromite said that they could then rebuild as set forth in their
original conditional use permit.
Robert Mitchell asked who this ordinance would effect, if it pertains
to the whole city.
Loren Kohnen said that it effected the four businesses previously
referenced, Big Woods, Stop'N'Go Liquor, Dobo's Restaurant and the
Ling -Inn.
Jim Johnson said that someone from the council should attend the
planning commission meeting on May 12 to convince the members of what
the non -conforming use ordinance is trying to do, as they presently
are convinced that creating a new zone for these four businesses is
the best way to protect them.
Moved by Acromite, seconded by Mitchell to direct staff to move the
Non -Conforming Use Ordinance being heard on the May 12 Planning
Commission to the next Council meeting on May 19.
Motion declared carried.
Wilfred "Hunk" Scherer, Resolution for Non -Conforming Use
Phil Zietlow said that Mr. Scherer would prefer more than one year
under item #4 of the resolution where the meat operation must cease
after his death and disability, lengthening the time to five years.
Moved by Mitchell, seconded by Acromite to adopt Resolution 92-30,
Concerning a Non -Conforming Use by Wilfred Scherer, which supercedes
86
92-26.
Motion declared carried.
8. RESOLUTION DELETING PARCELS FROM TIF 1-6
Ron Batty explained that the purpose of this resolution is to delete
certain parcels from the tax increment district. In late April 1990
the Medina city council established TIF No. 1-6. The city created the
district quickly in anticipation of a change in the tax increment law
effect for districts established after May 1 of that year. In an
attempt to include all the property which might be developed in the
near future, the city council included several parcels in the district
for which there were no firm development plans. Since that time, the
Twinco project has been constructed on one of the parcels but no
development has occurred on the other sites. The other sites are
south of Loram on Arrowhead Drive and the northwest intersection of
Mohawk and T.H. 55. TIF 1-6 is an economic development tax increment
district. The tax increment law specifies that there is a penalty for
eliminating parcels from an economic development district more than
two years after the date of certification. TIF No. 1-6 was certified
by Hennepin County on May 16, 1990. If a parcel is eliminated after
that period of time, it is tainted and may not be included in any
other tax increment district for a period of 20 years. Because of
that substantial penalty, it is important to eliminate parcels which
are unlikely to be developed prior to the expiration of two years.
Since several years have already expired on TIF No. 1-6, it is uncer-
tain how much increment the City would actually receive from develop-
ment that occurred there. After balancing these factors, it is my
opinion that deletion of this parcel is also warranted.
Moved by Mitchell, seconded by Thies to adopt Resolution No. 92-31,
Deletion of Parcels from TIF No. 1-6.
Motion declared carried.
9. CONDEMNATION RESOLUTION
Ron Batty reported that he had heard nothing from the Finazzo property
owners, but had heard from the Hyberg property owners regarding
selling their property. He said that the adoption of the rural
residential ordinance will impact the value on that site. They have
proposed selling their property of 6-8 acres at $126M. Moved by
Mitchell, seconded by Acromite to direct staff to attempt to work with
the property owners of the Finazzo piece and report back to the
council any results.
10. BILLS
Moved by Thies, seconded by Zietlow to approve the bills, Payroll
Checks #12735-12755, for $14,750.83, and Order Check #10739-10802 for
$87,986.44.
Motion declared carried.
Moved by Thies, seconded by Zietlow to adjourn.
Motion declared carried.
Meeting Adjourned 11:00 p.m.
»ittivieLM Z
Acting Clerk -Treasurer /Mayor