HomeMy Public PortalAbout05/19/92 CCM- 87
PAYROLL CHECKS - MAY 19, 1992
12756 Wayne Wallace $ 876.67
12757 Jill McRae 1,033.13
12758 Richard Rabenort 1,045.72
12759 Michael Rouillard 410.20
12760 Scott Stillman 693.59
12761 James Dillman 1,015.99
12762 Robert Dressel 903.56
12763 Edgar Belland 759.68
12764 Cecilia Vieau 540.07
12765 Laura Monroe 766.17
12768 Great West Life 480.00
12769 Hennepin Co.Support 472.00
12770 Law Enforcement Labor Service 100.00
12771 Commissioner of Revenue 716.48
12772 Farmers State Bank (S.S.) 574.59
12773 P.E.R.A. 905.48
12774 Farmers State Bank (Fed.) 1,764.78
$14,446.15
ORDER CHECKS - MAY 19, 1992
10803 Farmers State Bank (S.S.) 574.59
10804 P.E.R.A. 1,235.85
$ 1,810.44
The Council of the City of Medina met in regular session on Tuesday,
May 19 at 8:00 p.m.
Present: Mayor, Gary Acromite; Councilmembers, Robert Mitchell,
Ann C. Thies, Philip Zietlow; Acting Clerk -Treasurer,
Laura Monroe; Police Chief, Rick Rabenort; Engineer,
Glenn Cook; Attorney, Ron Batty; Planning & Zoning
Administrator, Loren Kohnen
Absent: Councilmember, Wilfred Scherer
1. ADDITIONAL AGENDA ITEMS
Ann C. Thies asked that an item regarding the Lake Minnetonka Cable
Communications letter be added.
Laura Monroe asked that the Elm Creek Stop Sign Resolution and Hans
Hagen extension of letter of credit be added to the agenda.
2. MINUTES OF MAY 5, 1992
Laura Monroe asked that the date on the minutes be corrected to be May
5 instead of May 6.
Phil Zietlow asked that on Page 85 under the Wilfred "Hunk" Scherer
Resolution that the word be changed to death "or" disability.
Moved by Zietlow, seconded by Thies to accept the minutes as amended.
Motion declared carried.
3. POLICE DEPARTMENT
Curfew Ordinance
Rick Rabenort said that the ordinance for curfew needed to have some
language that pertained to children over 14 years of age. This was
previously discussed and this ordinance was drafted to reflect the
correct language for those between the ages of 14 and 18.
Moved by Thies, seconded by Zietlow to adopt Ordinance #268 Curfew
Ordinance as drafted.
Motion declared carried.
Highway 55 Letter
Rick Rabenort explained that traffic leaving Medina Ballroom sometimes
turns and goes in the westbound lanes instead of the eastbound ones
because it is four lane and they don't realize. He said that he was
requesting direction to draft a letter to the state to request a
solution to this problem.
Moved by Zietlow, seconded by Thies to direct staff to send a letter
to the State regarding the traffic flow from the Medina Ballroom going
eastbound on Highway 55, to request a solution to the problem of the
confusion of traffic going eastbound in the westbound lanes.
Motion declared carried.
Hennepin County Attorney's Charge Procedure
Rick Rabenort explained that Hennepin County is changing their
charging procedure and that the potential change could cost the city
anywhere between $2,000 to $5,000 per year. This would effect felony
charges.
Ron Batty said that the county is feeling the budget situation, and
that is what caused this proposed change.
Phil Zietlow asked if cities could band together to make a more united
effort regarding this change. Could a letter be written to the City
of Minneapolis and other larger communities, anything to do to help.
Ron Batty said that Rick could contact his fellow police chief's and
present a draft resolution that could be sent to the County.
Anne E. Theis, 4651 Walnut St. asked if there was anyway to stop this,
by perhaps a restraining order.
Moved by Zietlow, seconded by Thies to direct staff to write a letter
to the Hennepin County in opposition to this change in charging, as
well as contacting other cities to see if there may be a resolution
already drafted or to draft a resolution that could be adopted and
sent to the County in a united front in opposition to this change.
Motion declared carried.
4. PUBLIC WORKS DEPARTMENT
Parks Mower
Robert Mitchell read letter from Jim Dillman regarding the need for a
new parks mower. There were several quotes received, and it was
decided to purchase a Toro Groundsmaster, #345-72" deck, for a price
of $10,447.00, with a trade in price of $8,297.00. The mower traded
in was purchased in 1982 for $7,500.00 new.
Moved by Acromite, seconded by Thies to direct staff to purchase the
Toro Groundsmaster mower, as proposed.
Motion declared carried.
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5. LAKE MINNETONKA CABLE COMMUNICATIONS NEWSLETTER(I,4.A,
Ann C. Thies said that the Lake Minnetonka Cable Communications
organization was making themselves more visible, and they have some
information that they would like to include with the city's newsletter
for mailing citywide. The information would pertain to people
throughout the city even though cable is not currently available city
wide.
Moved by Thies, seconded by Zietlow to include the information from
Lake Minnetonka Cable Communications to be included with the city's
newsletter to be mailed in June of 1992.
Motion declared carried.
6. PLANNING & ZONING DEPARTMENT
UPA/Clinton Thies Final Approval and Resolution
Ron Batty said that preliminary approval had already been granted and
that the easements required had been obtained. There were restrictive
covenants, where it can't be used for anything that requires a septic
system.
Gary Ostrom, of UPA said that they are going to start construction and
are going to close on the purchase shortly.
Moved by Mitchell, seconded by Zietlow to vary from the normal
procedure of requesting preparation of a resolution at one meeting,
and then adopting the resolution at the next meeting, in order to
expedite the construction of the substation for UPA, the hardship
being the shortness of the building season, and that this is a non-
commercial, non-residential project, and instead a utility project.
Ann C. Thies abstained.
Motion declared carried.
Moved by Mitchell, seconded by Zietlow to adopt Resolution No. 92-32
for UPA/Thies Final Approval, as presented.
Ann C. Thies abstained
Motion declared carried.
7. HAMEL TRUNK SANITARY SEWER ASSESSMENT PUBLIC HEARING 8:00 P.M.
Gary Acromite asked Ron Batty what was to be accomplished tonight.
Ron Batty said that the City had already had the improvement hearing
about the project. The Council should either adopt the assessment
roll as presented, or some modifications downward, as that is the only
course, unless the process would be started over again on the
assessments.
Gary Acromite asked if this was also the time to receive any official
objections to the assessments.
Ron Batty said that if the public hearing is closed at this meeting,
than it would be the only time to receive any objections to the
assessments; if the public hearing is continued, than the time to
object to the assessments is also continued. The objections may be
withdrawn at any time, but they have within 30 days to file an appeal.
He said usually the assessment hearing is held after most of the
construction is done, and the costs are known, whereas this project
hasn't been started, and the costs are proposed.
Gary Acromite said that Glenn Cook would give a quick status and
answer any questions from council, then the public hearing would be
opened, and ask for any objections, then these would be read into the
record.
Glenn Cook said that the total project cost would be $1,717,000, and
the trunk assessment would be $2,000 per acre for commercial property,
and $1,000 per acre for residential; there would also be a $4,000
advance trunk charge. The lateral assessments would be traded off for
easements across property. The piling up of dirt would require
temporary easements.
Robert Mitchell asked if the easements would be along the perimeter of
the property, or would any cut the property in two.
Glenn Cook said that the easements are pretty much on the perimeter of
the property with the exception of the Wessin property where there is
a large marsh in the commercial/industrial area.
Phil Zietlow asked how many acres the easements would be.
Glenn Cook said that there would be 5 acres of farmland, but 13 acres
in all.
Phil Zietlow said that he was concerned about the loss of income on
the farm property.
Loren Kohnen said that the setbacks for building are 30 feet for urban
and 50 feet for rural for front yard.
Gary Acromite asked if the easements would be within the setback
limitations for structures, and if the easements would overlay any
existing easements that the city already has or encroach on the
farmland.
Glenn Cook said that the easements are either 35 or 40 feet. They
usually abut property lines.
Gary Acromite listed the following objections: Midland Nursery,
parcel #9; Wallace Doerr property, parcels #35 and #36; Norbert
Laurent, etal, #6 and #7, and Emil & Rita Jubert, parcel #3, George
and David Wessin, parcel #2 on record so far.
The Public Hearing was opened at 9:05 p.m.
Emil Jubert, 1182 Hwy. 55, said they were never told whose property it
would go through.
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Robert Mitchell said that he was surprised that Emil didn't know.
Terry Forbord, of Lundgren Brothers, 935 E. Wayzata Blvd. (for the
Wallace Doerr property), said that their written objection was a
formality because their petition and waiver agreement hadn't been
finalized and signed for this meeting, and they fully supported the
project the city is proposing.
Ron Batty said that the other petition and waiver agreements that had
been signed by the seven companies involved in the project were
basically the same document; however, the one proposed for yundgren
Brothers had some changes.
Phil Zietlow said that he was surprised that they had an objection as
they were one of the reasons for the project.
Terry Forbord said that it was a normal procedure to protect their
rights until the petition and waiver agreement was signed.
Marge Laurent, 3875 Arrowhead Dr. said that she didn't understand the
lateral assessment amounts. inwa
Gary Acromite said that if an easement was provd nowlfor the
lateral assessment ou could hook up when you-�c�a. t�3h�� fhb hppkki
David Bush, Fredricksen, Byron Law Firm, 900 Second Avenue South, said
that he would like them to postpone any action for two weeks, to give
people the time to understand the assessments, and to make sure those
being assessed are being given a fair shake.
Norbert Laurent, 3875 Arrowhead Dr., agreed that he needed more time
to understand the assessment. He said he too hadn't known where the
trunkline was going to be.
Moved by Mitchell, seconded by Acromite to continue the public hearing
to June 2, 1992, and have staff keep working with the people on
answering questions regarding the project.
Motion declared carried.
Council discussed portions of the proposed comprehensive plan in the
area of the Doerr property and Jubert property, with the proposed new
road between the proposed commercial/residential property boundary.
8. PLANNING & ZONING DEPARTMENT
Rural Commercial/Industrial Ordinance Amendment
Ron Batty said that the only change in this amendment since it was
last before the council was in Section 826.49, subd. 7, where he re -
added motor fuel stations back to the list of uses allowed by
conditional use permit as long as they do not have a car wash.
Moved by Mitchell, seconded by Acromite to adopt Ordinance #268
Amending Sections 826.47 Through 826.67 Regarding Commercial and
Industrial Zoning Districts.
Motion declared carried.
Delano Dietz - Final Resolution
Loren Kohnen said that the drafted resolution covers everything that
was talked about at the last meeting. The park fee is $1,095.90.
Moved by Mitchell, seconded by Thies to adopt Resolution No. 92-33,
for Final Plat Approval for Medina Oaks.
Motion declared carried.
Jeff Cates - Preliminary Subdivision Resolution
Robert Mitchell asked if Loren Kohnen had prepared a report regarding
the questions raised at the last meeting for subdivision, regarding
maximum possible building sites, proposed roads, etc., for putting
into the files.
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Gary Acromite said that perhaps it would also be a good idea to
educate people at the planning commission level that this is desired.
Moved by Mitchell, seconded by Acromite to adopt Resolution 92-34,
Preliminary Subdivision Approval for Jeff Cates, with the addition of
having the primary and alternate septic sites staked as staff directs.
Motion declared carried.
Ron Petrucci - Preliminary Subdivision Resolution
Loren Kohnen said that they have provided septic system sites, and
trail easement as requested.
Ron Batty said that the trail easement will be obtained before final.
Moved by Thies, seconded by Zietlow to adopt Resolution 92-35,
Preliminary Subdivision Approval for Ron Petrucci as presented.
Motion declared carried.
Robert & Connie Hebzynski - Variance Resolution
Moved by Thies, seconded by Zietlow to adopt Resolution 92-36 for
Robert & Connie Hebzynski for Variance 3075 Lakeshore Avenue from the
lakeshore, 75 to 51 feet.
Motion declared carried.
9. FEE SCHEDULE
Rick Rabenort said that other cities charged for burning permits.
Gary Acromite said that the city was trying to consider options and
evaluate fees. He thought that they could keep this information for
the 1993 budgeting period.
Gary Acromite said that they were charged under planning and zoning.
Ann C. Thies asked about driveway, sign and septic permits.
Anne E. Theis asked about water meter maintenance fees.
Gary Acromite said they would have to ask Jim Dillman about this item.
Robert Mitchell asked staff to compile information about what the
revenue from these sources are now, and what they would be if the fees
were increased as suggested. He said in 1993 they may have to reduce
service also increase fees for services offered due to the reduction
in the funds received from the county and state. We should
communicate these fees to the community.
10. PARK COMMISSION VACANCY
Ann C. Thies recommended that this vacancy be filled as soon as
possible.
Gerald Dykhoff said that he had talked with Steve Schmit, 1045 Medina
Road, who said he would serve if appointed.
Phil Zietlow said that they should be consistent and go through the
process as before.
Moved by Thies, seconded by Zietlow to put an item in the paper to let
people know of the opening on the Park Commission, and receive letters
from those interested, and make the appointment at the council's June
2 meeting.
Motion declared carried.
11. SALARY REQUEST
Ann C. Thies said that she was uncomfortable with making any salary
changes mid year, and wanted to wait until the city had someone else
on staff to replace Donna Roehl.
Gary Acromite said that they would consider the request at budget
time.
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Robert Mitchell said that he didn't want to consider a salary change
in the mid year, but would discuss the request at budget time.
Moved by Thies, seconded by Zietlow to table the request for salary
increase until the budgeting process when all the salaries are
reviewed, and then investigate this request.
Motion declared carried.
12. STOP SIGN RESOLUTION - RESOLUTION
Moved by Thies, seconded by Acromite to adopt resolution 92-37 for
stop signs at Elm Creek Drive and Ridge View Circle as drafted.
Motion declared carried.
13. HANS HAGEN - LETTER OF CREDIT EXTENSION AND REDUCTION
Glenn Cook recommended that the amount of the letter of credit remain
the same but to extend the time.
Moved by Mitchell, seconded by Thies to extend the Hans Hagen Letter
of Credit for 30 days, from June 1, 1992.
14. BILLS
Moved by Thies, seconded by Acromite to approve the bills, Payroll
checks #12756-12774, for $14,445.15, and Order Checks #10803-10804 for
$1,810.44.
Motion declared carried.
Moved by Mitchell, seconded by Thies to adjourn.
Motion declared carried.
Meeting adjourned 10:30 p.m.
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Acting Clerk -Treasurer