HomeMy Public PortalAbout05/07/96 CCM65
MEDINA CITY COUNCIL MEETING MINUTES OF MAY 7, 1996
The City Council of Medina, Minnesota met in regular session on May 7, 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: Ann Thies until 7:38 p.m.
Also present: Public Works Director Jim Dillman, Police Chief Rick Rabenort, City
Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron
Batty, and City Clerk -Treasurer Jeff Karlson.
1. Adoption of the Agenda
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO ADOPT THE PUBLISHED
AGENDA WITH THE FOLLOWING ADDITIONS:
• BOB RASKOB — REQUEST FOR PERMIT TO CONDUCT OUTDOOR ACTIVITY
• UPDATE OF MISCELLANEOUS PLANNING AND ZONING ITEMS
• UPDATE OF HANS HAGEN HOMES PROPOSED HOUSING DEVELOPMENT
• UPDATE ON THE LONG LAKE CLEANUP PROJECT
MOTION PASSED UNANIMOUSLY.
2. Consent Agenda
MOVED BY JOHNSON, SECONDED BY ZIETLOW, TO APPROVE THE CONSENT
AGENDA, AS FOLLOWS:
• RESOLUTION NO. 96-16, "RESOLUTION GRANTING FINAL APPROVAL FOR
THOMAS WELLHAUSEN FOR A LOT COMBINATION"
• RESOLUTION NO. 96-17, "RESOLUTION AUTHORIZING THE EXECUTION OF A
JOINT COOPERATION AGREEMENT BETWEEN THE CITY AND HENNEPIN
COUNTY FOR CONTINUED PARTICIPATION IN THE URBAN HENNEPIN
COUNTY CDBG GRANT PROGRAM"
MOTION PASSED UNANIMOUSLY.
3. Minutes
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO APPROVE THE
MINUTES OF THE BOARD OF REVIEW MEETING OF APRIL 10,1996, AS
SUBMITTED. MOTION PASSED UNANIMOUSLY.
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO APPROVE THE
MINUTES OF THE REGULAR MEETING OF APRIL 16, 1996, AS AMENDED, AS
FOLLOWS:
• PAGE 2, ITEM 5, PARAGRAPH 6, LINE 2, TO READ, "...OF THE DECEMBER 20,
1996 MEETING..."
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• PAGE 6, ITEM 13, PARAGRAPH 1, TO READ, "CAVANAUGH'S PROPERTY ON
COUNTY ROAD 116..."
MOTION PASSED UNANIMOUSLY.
4. Presentation of 1995 Audit Report
City Auditor Dave Hinnenkamp of Kern, DeWenter, Viere presented the audited
financial statements of the City for the year ended December 31, 1995. The audit
report showed that general fund revenues exceeded $1.75 million and the expenditures
were $1.78 million. The actual expenditures exceeded the budgeted amount of 1.54
million due primarily to upgrades to the city's maintenance garage which included an
addition.
Hinnenkamp noted that the sewer fund had an operating loss of $60,321. Hinnenkamp
said revenues were not enough to cover depreciation of the sewer lines.
Shawn Gustafson pointed out that the Trunk Highway 55 sewer line was paid for and
more hookups in the future should more than cover the cost of depreciation. He said
each hookup would generate a trunk assessment fee.
John Ferris said this issue needed to be studied in greater detail to look at whether the
TH 55 sewer line was being used to the extent it should be. Ferris said the council
needed to have everything in front of them including the number of units that could
potentially be hooked up to the line.
Gustafson said he would provide flow data to look at the sewage flow. He said the
Metropolitan Council was revisiting the issue of sewage flow capacity and the number
of units available to Medina.
MOVED BY FERRIS, SECONDED BY ZIETLOW, TO ACCEPT THE AUDITED
FINANCIAL STATEMENT OF THE CITY FOR THE YEAR ENDED DECEMBER 31,
1995. MOTION PASSED UNANIMOUSLY.
5. Contributions to Hamel Memorial Park
Jeff Karlson said the city had received several donations to the Hamel Memorial Park
Fund as a result of Tom Anderson's fund raising efforts. The city received
contributions from the following individuals or businesses:
• Joe and Pat Raskob $1,000
• Hedtke Marketing, Inc. 500
• Temroc Metals, Inc. 250
• Bonestroo & Associates, Inc. 200
• Walter G. Anderson, Inc. 200
• Specialty Fittings, Inc. 100
• Heavy Duty Equip. Sales, Inc. 100
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The council directed Karlson to write each contributor a letter thanking them for their
generous contribution.
6. Thomas and Vickie Debrowski — Request for Extension to File Plat
Tom and Vickie Debrowski requested a second extension of time to file the plat for
Regina Estates. Final plat approval on this matter was granted on September 5, 1995.
A 180-day extension to file the plat was granted on November 7, 1995.
Ron Batty pointed out that the Medina Code of Ordinances authorized the council to
grant an extension of time not to exceed 180 days. He did not believe the council was
authorized to grant a further extension. Batty suggested the council give the applicant
a week to 10 days to file before the 180 days was deemed to expire.
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO GIVE TOM AND VICKIE
DEBROWSKI UNTIL MAY 22, 1996 TO FILE THE PLAT FOR REGINA ESTATES.
MOTION PASSED UNANIMOUSLY.
7. Donald and Philip Kariniemi — Request for Six Month Extension to File Plat
Don and Philip Kariniemi of ProLux Sauna & Steam requested a six month extension
for final plat approval.
Loren Kohnen recommended that the extension be granted.
MOVED BY FERRIS, SECONDED BY ZIETLOW, TO GRANT AN 180-DAY
EXTENSION TO DON AND PHILIP KARINIEMI FOR FINAL PLAT APPROVAL.
MOTION PASSED UNANIMOUSLY.
8. Robert Mitchell/Clair Nadeau — Lot Line Rearrangement
Loren Kohnen said Mr. and Mrs. Robert Mitchell wished to purchase one acre of
property from Mr. and Mrs. Clair Nadeau and add it to a five -plus acre parcel. Kohnen
said the one acre parcel, lying west of the Mitchell home site, would benefit the Mitchell
parcel by adding good soils and high ground to the buildable area of their parcel. The
planning commission recommended that the lot line rearrangement be approved;
MOVED BY THIES, SECONDED BY FERRIS, TO AUTHORIZE STAFF TO PREPARE
A RESOLUTION APPROVING A LOT LINE REARRANGEMENT FOR ROBERT
MITCHELL AND CLAIR NADEAU. MOTION PASSED UNANIMOUSLY.
9. Donald Laurent — Final Plat Approval
Loren Kohnen recommended that the council authorize staff to prepare a resolution
granting final plat approval for Donald Laurent, 895 Hamel Road.
Ron Batty noted that the final plat work had not been completed because the applicant
had given him the wrong abstract.
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MOVED BY THIES, SECONDED BY MAYOR THEIS, TO DIRECT STAFF TO
PREPARE A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DONALD
LAURENT. MOTION PASSED UNANIMOUSLY.
10. Wetland Alteration and Mitigation Plan for Foxberry Farms
Ron Batty said the principle issue in approving the wetland plan for Lundgren's Phase
II development was that the city was requiring that all wetlands be used solely in
Medina. State law allowed banked wetlands to be used anywhere within the same
county. Batty said it was within the city's right to be more stringent that what the statute
allowed pursuant to an ordinance or a policy. Batty said he would prepare a wetland
banking policy for the council as soon as possible. He recommended that the council
adopt the resolution before them approving a wetland alteration and mitigation plan for
Foxberry Farms with five conditions.
MOVED BY ZIETLOW, SECONDED BY FERRIS, TO ADOPT RESOLUTION NO. 96-
18, "A RESOLUTION APPROVING A WETLAND ALTERATION AND MITIGATION
PLAN FOR FOXBERRY FARMS."
AYES: FERRIS, JOHNSON, THIES, ZIETLOW AND MAYOR THEIS. NAYS: NONE.
RESOLUTION NO. 96-18 ADOPTED ON A 5-AYE AND 0-NAY VOTE.
11. CUP Ordinance Amendment
Ron Batty said the two proposed ordinance amendments established conditional uses
in each zoning district. He said for example if a church requested a conditional use
permit the city could turn to the appropriate section and know which conditions applied.
The issue was to prevent the city from being arbitrary.
Phil Zietlow asked what the definition was for "solar system."
Batty said he didn't know what solar system meant. He said the city should decide
what this meant in the definition section.
There was also a question regarding the definition of "small animal clinic."
Batty said he would include a better definition of solar system and small animal clinic in
the revised draft of the ordinance amendments.
MOVED BY ZIETLOW, SECONDED BY FERRIS, TO TABLE DISCUSSION
REGARDING THE TWO PROPOSED ORDINANCE AMENDMENTS UNTIL THE NEXT
COUNCIL MEETING ON MAY 21, 1996. MOTION PASSED UNANIMOUSLY.
12. Bruce Turner Liquor Violation
Bruce Turner, owner of Anderson Liquor, appeared before the council on the charge of
selling liquor to minors. Turner appeared in court on April 2, 1996 and pled guilty to a
gross misdemeanor for an illegal sale to a minor. He received a sentence of 99 days in
jail and a fine of $500. The 99 days were stayed for two years on the condition that
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Turner have no new or similar charges. The council had to decide whether to impose a
civil penalty or to take any action against Turner's liquor license.
Ron Batty said the council could choose one of four options to deal with the matter:
1. Revoke the license;
2. Suspend the license for up to 60 days;
3. Impose a civil penalty of up to $2,000 for each violation; or
4. Impose any combination of the above.
Turner apologized to the council for his action. He said the night the incident occurred
the store was very busy and he had let his guard down. Turner said since the incident
he had made several changes to insure that this would not happen again. Turner said
he also hired a former owner of the liquor store to act as a consultant.
Rick Rabenort noted that there were three formal complaints filed against Turner.
MOVED BY JOHNSON, SECONDED BY ZIETLOW, TO IMPOSE A FINE OF $250
FOR EACH VIOLATION, OR A TOTAL OF $750, WITH THE UNDERSTANDING THAT
BRUCE TURNER'S LIQUOR LICENSE WILL BE SUBJECT TO REVOCATION IF
ANOTHER VIOLATION OCCURS. MOTION PASSED UNANIMOUSLY.
13. Improvements to Walnut Park Skating Rink
Jim Dillman recommended that the skating rink at Walnut Park be enlarged an
additional 50%. Dillman pointed out that it was difficult to get the soils to freeze to start
a good base for the ice. By enlarging the rink, putting in a fabric underlay, 4 inches of
limestone gravel, and 2-3 inches of ag lime, the city would have the ability to reshape
the rink every few years with little impact. Dillman said the cost for materials would be
$6,200 which would come out of the park fund.
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO APPROVE $6,200 IN
EXPENDITURES FROM THE PARK FUND TO ENLARGE AND IMPROVE THE
WALNUT PARK SKATING RINK. MOTION PASSED UNANIMOUSLY.
14. Update of Trunk Highway 12 Corridor Study
Ann Thies provided an update of the Trunk Highway 12 Corridor Study. The project, as
originally proposed, consisted of an upgrade of TH 12 from TH 101 to TH 25 to a four -
lane divided roadway. Mn/DOT was no longer considering a four -lane upgrade
because of insufficient funding, the impact to commercial agricultural activities, and a
lesser build alternative met the transportation objectives for this project. Mn/DOT was
now proposing the construction of a new two-lane, limited access highway between
Wayzata Boulevard in Wayzata and County Road 6 in Orono. As a part of this project
Mn/DOT intended to improve the connections between CR 6 and TH 12, and between
Watertown Road and TH 12 in order to optimize the utilization of those parallel
facilities. These elements comprised what was referred to as the Transportation
System Management (TSM) alternative in the cities of Wayzata, Orono, and Long Lake.
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Thies said there was a 30 day comment period, ending May 24, 1996, to allow persons
to comment on the need for an EIS on the modified project. Thies said depending on
the environmental process, the target date for final approval was October, 1997.
15. Bob Raskob — Request for Permit to Conduct Outdoor Activity
Bob Raskob of the Medina Entertainment Center requested a permit in order to allow
the Ford Motor Co. to erect two 20' by 20' tents outside to shelter automobiles Ford
wished to display on the grounds as part of their promotion. Raskob said no food or
alcohol would be served outside.
MOVED BY FERRIS, SECONDED BY JOHNSON, TO GRANT A PERMIT TO BOB
RASKOB TO ERECT TWO 20' BY 20' TENTS FOR AN OUTDOOR ACTIVITY.
MOTION PASSED UNANIMOUSLY.
16. Planning and Zoning Report
Loren Kohnen informed the council that Bill Cavanaugh had removed his recreational
vehicle from Pinto Drive. He said Mike Larson was issued two citations for failing to
remove a vehicle full of debris and a garbage container.
17. Update of Hans Hagen Homes Proposed Housing Development
Loren Kohnen said Hans Hagen was not having any success with Maple Plain in trying
to obtain water service for his proposed housing development in the southwest corner
of Medina. Kohnen said Hans Hagen was talking to the Health Department about
installing one well per four housing units.
Phil Zietlow pointed out that the Orono School District was at capacity with student
enrollment and additional housing units would only burden the school district.
MOVED BY JOHNSON, SECONDED BY MAYOR THEIS, TO DIRECT THE PLANNING
COMMISSION TO LOOK INTO AREAS WHERE AFFORDABLE HOUSING OR
SENIOR CITIZEN HOUSING COULD BE DEVELOPED IN THE CITY OF MEDINA.
MOTION PASSED UNANIMOUSLY.
18. Update of Long Lake Cleanup Project
Phil Zietlow asked Shawn Gustafson if the Minnehaha Creek Watershed District had
begun monitoring flows into the Deer Hill pond.
Gustafson said there was no data available yet.
Zietlow said he was going to meet with JoEllen Hurr of Orono and Gene Strommen,
director of the MCWD, on May 10, 1996, to try to work something out with the MCWD.
19. Payment of Bills
MOVED BY JOHNSON, SECONDED BY MAYOR THEIS, TO APPROVE PAYMENT
OF ORDER CHECK NUMBERS 15801-15873 FOR $68,743.94 AND PAYROLL
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CHECK NUMBERS 14771-14799 FOR $22,349.69. MOTION PASSED
UNANIMOUSLY.
20. Adiournment
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO ADJOURN THE
MEETING AT 10:35 P.M. MOTION PASSED UNANIMOUSLY.
Anne E. Theis, Mayor
ATTEST:
May 7, 1996
63
ORDER CHECKS - MAY 7, 1996
NI "S ‘, v, r
15801 Jewell Industries, Inc $ 1,135.08
15802 Twin City striping 2,000.00
15803 A T & T 13.30
15804 All tar Electric 167.71
15805 Am = ican Bank & Trust 175.00
15806-rican Linen Supply 42.18
15807 = ff's, Inc. 198.78
15808 :onestroo, Rosene, Anderlik 6,430.41
15809 Chem -Sol, Inc. 160.71
15810 Classic Cleaning 191.70
15811 Classifieds 53.70
15812 , Commercial Life Ins. Co. 71.60
15813 ' Commissioner of Revenue 1,430.46
15814 Connelly Ind. Elect. 148.90
15815 Delta Dental 621.90
15816 Z-Recycling 2,132.58
15817 mery's Tree Service 1,421.78
15818 'I Equal Net 25.50
15819 �1 Farmers State Bank of Hamel 5,945.14
15820 Fortin Hardware 118.53
15821 Genuine Parts 288.27
15822 Glenwood Inglewood 56.00
15823 Goodin Co. 38.59
I� 15824 Greater N.W. Office of R.E. Assess 2,424.00
15825 Hamel Building Center 61.13
15826 Jim Hatch Sales 70.17
15827 HealthPartners 2,170.72
15828 Hennepin Co. Treas., Acctg. Svcs 1,496.00
15829 Hennepin County Treasurer 20.00
15830 Hennepin County Treasurer 348.30
15831 Hwy. 55 Rental 31.95
15832 Kennedy & Graven 3,150.82
15833 Kern, DeWenter & Viere 4,000.00
15834 Kustom signals, Inc. 2,034.15
15835 Lakeshore Weekly News 51.25
15836 LaPlant Demo, Inc. 1,182.30
15837 Larson Publications 19.00
15838 Sandra Larson 117.45
n 15839 League of Minnesota Cities 115.00
1, 15840 15841 LMCIT 422.58
Long Lake Power Equipment 160.76
15842 Long Lake Tractor & Equipment 51.18
15843 Maple Island Group 308.25
15844 Mike McPhillips, Inc 1,936.75
15845 Medica 3,330.51
15846 Metropolitan Council Wastewater Svcs.(Treatment Chgs.) 7,803.00
15847 Metropolitan Council Wastewater Svcs.(SAC Chgs.) . . 1,782.00
15848 Minneapolis Community College 110.00
15849 Minnegasco 323.31
15850 Minnesota Taxpayers Assn 50.00
15851 Gary Neddermeyer 125.00
15852 Northern States Power 1,710.88
15853 P.E.R.A. 4,235.34
15854 Peace Officers Stds. & Training 15.00
15855 Pitney Bowes 26.44
15856 Quill Corp 51.25
15857 Randy's Sanitation 77.38
15858 Reynolds Welding 19.17
15859 Scherer Meats 91.05
15860 Snake Creek Tree Farm 453.03
15861 Twin City Office 168.97
15862 U.S. West Cellular 209.36
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ORDER CHECKS - MAY 7, 1996 (CONT'D)
15863 U.S. West Communications 324.63
15864 Ultra Max 41.54
15865 Uniforms Unlimited 74.55
15866 Walt's Garage 81.60
15867 Warning Lites 346.11
15868 Waterpro Supplies Corp. . . . . . .. . . . . 51.12
15869 City of Wayzata 227.50
15870 Wenck Assoc. 1,163.91
15871 West Side Redi Mix 596.40
15872 Wright Hennepin Electric 1,426.25
15873 Wright Hennepin Security Svcs. 789.06
$68,743.94
PAYROLL CHECKS - MAY 7, 1996
14771 Steven T. Scherer $948.00
14772 Richard R. Rabenort 1,476.60
14773 Michael J. Rouillard 1,005.00
14774 James D. Dillman 1,315.78
14775 Robert P. Dressel 1,154.22
14776 Edgar J. Belland 1,159.45
14777 Jeffrey E. Karlson 1,236.78
14778 Cecilia M. Vieau 723.94
14779 Laura L. Sulander 885.78
14780 Sandra L. Larson 819.34
14781 Joseph R. Heyman 923.03
14782 Jon D. Priem 851.36
14783 Anne E. Theis 207.79
14784 Ann C. Thies 138.52
14785 John B. Ferris 138.52
14786 Philip K. Zietlow 138.52
14787 James R. Johnson 138.52
14788 Steven T. Scherer 448.33
14789 Richard R. Rabenort 1,251.60
14790 Michael J. Rouillard 980.00
14791 James D. Dillman 1,195.18
14792 Robert P. Dressel . . . . . . . . . . . . . . 574.13
14793 Edgar J. Belland 1,147.17
14794 Jeffrey E. Karlson 664.73
14795 Cecilia M. Vieau 304.63
14796 Laura L. Sulander 473.74
14797 Sandra L. Larson 352.22
14798 Joseph R. Heyman 861.95
14799 Jon D. Priem 834.86
$22,349.69