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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. Fr rr, 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. 91 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. 92 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. r. 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. 'f► Acting Clerk -Treasurer