HomeMy Public PortalAbout06/01/93 CCM80
ORDER CHECKS - JUNE 1, 1993
12052 Frank Garrison $ 7,000.00
12053 Delta Dental 595.95
12054 Medica 3,577.92
12055 Budget Printing 176.66
12056 CDP 112.97
12057 Greater N.W. Office of R.E.Assess. 2,091.00
12058 U.S.West 244.03
12059 Metro Waste Control (Treatment) 9,308.00
12060 Long Lake Fire Dept. 1,900.00
12061 NSP 1,454.67
12062 Commercial Life Ins. 57.55
12063 E.H.Renner & Sons 17,760.25
12064 Rigs & Squads 44.73
12065 NSP 685.80
12066 Jim Dillman 14.90
12067 American Bank 75.00
12068 Uniforms Unlimited 1,386.67
12069 Loretto Fire Dept. 6,025.00
12070 Maple Plain Fire Dept. 775.00
12071 Hamel Fire Dept. 15,067.50
12072 Earl F. Anderson 93.77
12073 Randy's Sanitation 112.35
12074 Minnegasco 38.38
12075 Braun Intertec 168.51
12076 Holmes & Graven 17,163.40
12077 Gregor Farm 41.18
12078 Budget Paper 64.17
12079 Intstrumentation Svc. 90.00
12080 E-Z-Recycling 2,070.00
12081 Safety Kleen 71.89
12082 Lake Business 362.94
12083 Swenson's Our Own 26.84
12084 Southwest Firearms 300.00
12085 Metropolitan Waste Cont. (SAC) 1,485.00
12086 P.E.R.A. 1,295.76
12087 Farmers State Bank (S.S.) 751.95
$ 92,489.74
PAYROLL CHECKS - JUNE 1, 1993
13354 Anne E. Theis $ 207.79
13355 Ann C. Thies 138.52
13356 John Ferris 138.52
13357 Philip Zietlow 138.52
13358 James Johnson 138.52
13359 Wayne Wallace 992.95
13360 Richard Rabenort 1,101.51
13361 Michael Rouillard 888.61
13362 Scott Stillman 773.17
13363 James Dillman 1,048.58
13364 Robert Dressel 948.95
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PAYROLL CHECKS - JUNE 1, 1993 (CONT'D)
13365 Edgar Belland 834.44
13366 Jeffrey Karlson 857.92
13367 Cecilia Vieau 556.52
13368 Laura Monroe 638.95
13369 Sandra Larson 542.41
13370 Joseph Heyman 628.21
13371 Benedict Young 902.02
13372 Farmers State Bank (S.S.) 751.95
13373 Commissioner of Revenue 779.94
13374 P.E.R.A. 960.52
13375 Farmers State Bank (Fed.) 1,920.08
$15,888.60
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MINUTES
The City Council of Medina, Minnesota met in regular session on
June 1, 1993 at 7:30 p.m. in the City Hall Council Chambers.
Present: Councilmembers John Ferris, James Johnson, Ann Thies,
Philip Zietlow and Mayor Anne Theis.
Absent: None.
Others Present: Police Chief Richard Rabenort, Public Works
Director Jim Dillman, Zoning Administrator Loren
Kohnen, City Engineer Shawn Gustafson, City
Attorney Ron Batty and Clerk -Treasurer Jeff
Karlson
1. ADDITIONS TO AGENDA
Moved by Mayor Theis, seconded by Zietlow, to approve the
addition of the following agenda items:
1. City of Independence comprehensive plan amendment
2. Resignation of Park Commissioner James Lane
3. Police update of firearms ordinance
Motion carried unanimously.
2. MINUTES
Moved by Thies, seconded by Mayor Theis, to approve the minutes
of the regular meeting of May 18, 1993, as amended, as follows:
Page 3, new paragraph 5, to read, "Glenn Cook said there would be
no delay in the project."
Page 5, Item 17, paragraph 1, line 3, amended to read, "Ferris
said Nunn told him he housed 37 horses..."
Page 5, Item 17, new paragraph 2, to read, "Ferris pointed out
the following condition that was written into the conditional use
permit granted to Nunn:
The Operators shall enter into an agreement with the
Minnesota Pollution Control Agency (MPCA) to govern the
terms of disposal and collection of horse manure.
Manure accumulated through the operation of the stable
shall be stored in areas designated or approved by the
MPCA. Manure shall be removed from the stable at a
minimum of once every six months. The Operators shall
also enter into and provide the city with a written
agreement governing the off -site disposal of manure.
Page 5, new Item 18, to read, "Councilmember Zietlow said Police
Chief Rabenort and City Attorney Batty are still working on the
the amendments to the firearms discharge ordinance and will
present the revised ordinance for the Council to consider when
all the details have been worked out."
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Motion carried unanimously.
3. CONSENT AGENDA
Moved by Zietlow, seconded by Thies, to adopt the consent agenda,
as follows:
1. Approve "On -Sale" Non -Intoxicating Malt Liquor License
and Lawful Gambling License to St. Anne's Church for August
29, 1993.
Motion carried unanimously.
4. CONTINUATION OF PUBLIC HEARING ON COUNTY ROAD 116 SEWER LINE
Mayor Theis said this was the continuance of the public hearing
of May 18 to hear further comments on the construction of a trunk
sewer main and two lateral lines needed to serve existing homes
along the west side of County Road 116.
Project Engineer Shawn Gustafson said the construction cost for
two lateral sewer lines, which would serve five existing homes on
Meander Road and County Road 116, was estimated at $55,850.
Gustafson said the cost estimate was based on 1993 construction
prices and included contingencies, design, inspection,
administration, capitalized interest and bonding costs. The
assessment on a unit basis for the five lots would be $11,170 per
lot. Gustafson pointed out that this does not include a $1250
trunk fee assessment per net developable acre for residential
property. Gustafson said a typical assessment rate for sanitary
sewer lateral line construction is $25 per foot of frontage of
the property.
City Attorney Batty said the legal issue was that the City could
not assess benefitted properties an amount exceeding what the
increase in market value would be from the improvement.
Councilmember Zietlow asked if it would be feasible to run the
sewer main trunk line along County Road 116 along with the water
main.
Gustafson said that unless the City could acquire additional
right-of-way, the City would probably have to tear up a portion
of County Road 116 and project costs would skyrocket. Gustafson
said under the proposed alignment, all that would need to be
replaced is grass.
Jim Peterson, 812 Meander Road, asked if property owners along
County Road 116 could give the City easements to run the sewer
line along the county road.
Public Works Director Dillman pointed out that State health
department regulations required that sewer and water lines be
installed a minimum of ten feet apart.
Gustafson said because of this regulation, two holes would need
to be dug in one location which would require considerably more
easement. Gustafson added that the proposed alignment was the
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best suitable location.
Councilmember Ferris asked Gustafson what assurances the City had
that no damage would occur to the two commercial buildings --
Village Auto Body and West Side Equipment --located along the
proposed alignment and that the businesses would not be disrupted
during construction. Ferris also wanted to know what the soil
conditions were around the site.
Gustafson said that wood or steel sheeting would be installed in
the trench to act as a temporary retaining wall to keep the soils
from collapsing and causing damage to the building foundations.
He added that the trench would be 20 to 25 feet deep. Gustafson
said that since the proposed alignment was still preliminary,
soil borings had not been taken around the commercial buildings.
Councilmember Zietlow asked if the City had a road easement on
the south side of Twin City Monorail. Zietlow asked why the
line couldn't be placed west of Village Auto Body as originally
proposed to avoid bringing the sewer line between the affected
businesses.
Terry Forbord said Lundgren Bros. had been working with Bonestroo
for two years. Forbord pointed out that it was important to
construct the sewer line in the most cost-effective method
possible. He said Lundgren had hoped to see the sewer line go up
County Road 116, but the distance between the road right-of-way
and residential homes was inadequet. Forbord said the county was
looking to obtain additional right-of-way in the future to
increase the size of the road. Forbord said the County Road 116
alignment is simply cost -prohibitive.
Councilmember Ferris said the Council needed to know more dollars
and cents to make a good decision. Ferris said he wanted to know
what the ramifications would be if the sewer alignment was to
remain between the commercial buildings.
Terry Forbord said he wasn't clear what questions needed to be
answered.
Councilmember Ferris reiterated that the City needed to know the
soil conditions between the commercial buildings, how the
businesses would be disrupted and what the economic
considerations would be.
Councilmember Thies said the City must come up with a formula to
assess the property owners if the lateral sewer lines are
included in the project.
Ferris said the City must also establish the fair value that
would be added to each property.
Councilmember Zietlow asked who would pay the difference if a
full assessment was not levied against the property owners.
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City Attorney Batty said the Council could close the public
hearing tonight and order the project a month from now or
continue the hearing. Batty said the Council needed to resolve
the main trunk line issue. He said the Council could proceed by
handling the main sewer line and lateral extensions as two
separate projects.
Councilmembers Zietlow and Ferris were in agreement that the
sewer project should be kept as one project to avoid confusion.
Moved by Johnson, seconded by Ferris, to continue the public
hearing on June 15, 1993.
Motion carried unanimously.
5. MARK AND GWEN KLI:NGELHOETS LOT DIVISION
Mark and Gwen Klingel.hoets requested that Lots 1-4, Block 31,
Independence Beach, be subdivided. The subdivision involved the
combination of four lots and the creation of a two -lot
subdivision. The Planning and Zoning Commission recommended that
the lot combination/division be approved with seven conditions.
City Attorney Batty asked if the existing screen house was
supposed to have been removed along with the house that was
recently condemned and torn down.
Gwen Klingelhoets said it would be too costly to remove the
structure. She added that their purchase of the property was
contingent upon approval of the lot combination/division and
not having to tear down the screen house which they would
renovate.
Batty pointed out that the screen house was a non -conforming
structure and was subject to the City's non -conforming use
ordinance.
Planning Commissioner Susan Mckay said the second condition
should state that grading must be completed on lots 1 and 2 when
construction begins on either lot.
Moved by Johnson, seconded by Thies, to direct city staff to
draft a resolution granting preliminary approval of a replat of
Lots 1-4, Block 31, Independence Beach, with the changes.
Motion carried unanimously.
6. DAVID HAGEN AND STAN SERWA REQUEST FOR TEMPORARY PERMIT
David Hagen and Stan Serwa asked for permission to operate an
auto flea market on the Wally Cates property (formerly the
Colonial Drive -In) at 300 Highway No. 55. Zoning Administrator
Kohnen said Wally Cates did not have a conditional use permit for
this type of activity on his property and recommended that Cates
apply for a C.U.P.
Stan Serwa said the Hamel Lions Club had a permit to operate a
flea market every other weekend.
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Kohnen said the Lions Club obtained a C.U.P. to operate a flea
market at the Medina Ballroom parking lot and use Wally Cates
property only when there is a conflict with Medina Ballroom
activities.
David Hagen asked if the conditional use permit was issued to the
land or to the Lions Club.
Police Chief Rabenort said the conditional use permit was issued
to the Lions Club, but the Medina Ballroom owns the land.
Councilmember Johnson asked why the City did not insist on a
conditional use permit for Wally Cates property.
Councilmember Ferris asked if the Lions Club had followed the
proper procedures. Ferris added that the Lions should not be
able to use Cates property without a conditional use permit.
Mayor Theis said the Lions Club had asked for permission from
previous councils to conduct the flea market on the Cates
property whenever there was a conflict with the Medina Ballroom.
Rabenort said special administrative permits have been granted to
the Lions Club to hold the flea market on Cates property.
Councilmember Ferris said the Council should determine whether or
not this procedure was proper.
City Attorney Batty said he was not aware that an official
allowance was granted to the Lions Club to move to the Cates
property. Batty said a conditional use permit goes with the
land. The applicant should have been the Medina Ballroom since
they own the property and can be held responsible for any
activity on the site. Batty said that there was, clearly, no
C.U.P. granted for this type of use on any property.
Batty concluded that proper procedures were not followed
correctly in this case. Batty said the Council should decide how
to proceed from this point on.
Councilmember Zietlow said the Council should avoid making the
same mistake and follow the procedures written in the ordinance.
Zietlow stated that Cates should not be allowed to let anyone use
the property until a conditional use permit is obtained.
Kohnen said Cates was operating his construction company on the
site without a permit and asked how long the Council would allow
him to continue operating without a C.U.P. Kohnen suggested
Cates be given until August or September to obtain a conditional
use permit.
Moved by Thies, seconded by Mayor Theis, to establish September
1, 1993 as the deadline for Wally Cates to obtain a conditional
use permit to continue conducting a construction company on the
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site located at 300 Highway No. 55.
Motion carried unanimously.
7. CATES RANCH PLAT
Moved by Thies, seconded by Zietlow, to direct city staff to
prepare a resolution granting final approval of a plat for Cates
Ranch, subject to a review by the city attorney and all fees
having been paid before the plat is signed by the Mayor and
Clerk.
Motion carried unanimously
8. SHORELAND ORDINANCE AMENDMENT
City Attorney Batty said it was mandatory for Medina to adopt a
revised shoreland ordinance to comply with state requirements.
Batty said the amendments to Medina's code of ordinances were
approved by the Minnesota Department of Natural Resources. Batty
said Medina has little discretion with regard to this matter
since state law requires compliance with DNR's minimum standards.
Batty said the DNR granted permission for Medina to have
"flexibility" with regard to several standards. Specifically,
the DNR was willing to allow Medina to permit both structures and
septic systems to be located 75 feet from the ordinary high water
level of recreational development lakes and tributary streams.
DNR regulations require 100 foot setbacks of structures, but
allow septic systems within 75 feet. Medina was also given an
exemption from a building height limitation of 25 feet.
Moved by Thies, seconded by Zietlow, to adopt Ordinance No. 275,
"An Ordinance Amending Sections 720.07, 825.07, 825.21, 827.01 Et
Seq., 827.29 and 828.63 of the Medina City Code Regarding the
Shoreland Overlay District."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Ordinance No. 275 adopted on a 5-aye and 0-nay vote.
Moved by Thies, seconded by Mayor Theis, to adopt Resolution No.
93-30, "Resolution Authorizing Publication of Ordinance No. 275
by Title and Summary."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-30 adopted on 5-aye and 0-nay vote.
9. BILL NUNN MANURE PROBLEM
Councilmember Ferris said a regional hydrologist from the DNR
came and inspected the Bill Nunn property and determined that the
site was not in a protected wetland area; therefore the DNR did
not have jurisdiction.
Ferris said Nunn still needed to comply with the conditional use
permit or risk having it revoked if the manure was not removed
from the site.
Ron Batty said the C.U.P. was an enforcement issue. Batty
suggested that the Council establish a deadline for Nunn to be in
compliance. He added that if the C.U.P. was revoked, new
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standards would be applied.
The Council directed City Attorney Batty to draft a letter to
Bill Nunn ordering him to clean up the manure or his conditional
use permit would be revoked.
Zoning Administrator Kohnen recommended that a July 1 deadline be
imposed.
10. GEOTEXTILE FABRIC BIDS FOR MEDINA ROAD
Public Works Director Jim Dillman said the City received three
bids on geotextile fabric for the Medina Road project. The bids
were as follows:
1. Spec Materials, Inc.
Polyfelt Brand $16,311.75
2. Geo-Synthetics, Inc.
Supac Brand 16,516.50
3. Brock White
Amoco Brand 17,010.63
Dillman recommended that the Council reject the low bid from Spec
Materials because the fabric did not meet the requirement of the
City's Planar Permeability test and accept the bid from Geo-
Synthetics, Inc. for the Supac.
Moved by Thies, seconded by Zietlow, to adopt Resolution No. 93-
31, "Resolution Receiving Bids and Awarding Contract for
Geotextile Fabric to Geo-Synthetics, Inc."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-31 adopted on a 5-aye and 0-nay vote.
11. ANDERSON LIQUOR CITATION
Police Chief Rick Rabenort said Anderson Liquor was issued a
citation and found guilty of selling liquor to a minor.
City Attorney Batty said the City had to by law take one of three
of actions: (1) revoke the liquor license; (2) suspend the
license; or (3) issue a fine.
Bill Anderson, co-owner of the liquor store, said the store's
policy is to card everyone who looks under 30 years of age.
Anderson said he or his brother cannot always be at the store
during business hours, but employees are told to card everyone
who looks under thirty. He said the person who sold the liquor
to the minor no longer works in the store.
Councilmember Johnson said this was a serious offense and needed
to be handled as such. Johnson said the City cannot condone the
sale of liquor to minors under any circumstance. Johnson
recommended that Anderson be fined $500. and if another violation
occurs that the license be suspended.
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Anderson said the last time he was issued a citation he was fined
$100. and felt that $500. was too steep.
Johnson said he would be willing to reduce the fine to $350.
Moved by Johnson, seconded by Thies, to impose a fine of $350. to
Anderson Liquor for selling liquor to a minor.
Motion carried unanimously.
12. DISCHARGE OF FIREARMS ORDINANCE
Ron Batty informed the council that he was still working on the
hunting and firearms ordinance and would be ready to present
something in July.
13. PROPOSALS FOR COMPUTER SYSTEM IMPROVEMENTS
The Council discussed briefly the proposals given by Mike Broberg
and Harry Holmberg to upgrade the network operating system and
computer hardware.
Councilmember Ferris said other alternatives should be pursued,
including new software applications. Ferris recommended that he,
Councilmember Johnson and Clerk -Treasurer Karlson meet to discuss
alternative options that could provide cost-effective solutions
and to look for other software applications that might be better
suited for cities like Medina.
14. PAY EQUITY ADJUSTMENTS
The Council discussed the report submitted by the Finance
Committee which indicated the pay adjustments that needed to be
made to bring the City into compliance with the Local Government
Pay Equity Act. The results showed that the Planning Secretary
and Deputy Clerk would have to receive a salary increase in order
for the City to be brought into compliance.
To determine what the proposed adjustment should be, the
Department of Employee Relations (DOER) took the percentage of
points for the two female job classes and compared it with three
male job classes with equal years of service. DOER calculated
what the salary would be if the percentage of pay was the same as
the points and then took an average of the three comparisons.
Councilmember Zietlow asked how the job points for each job class
were determined.
Jim Dillman said the job points submitted to the state in
December of 1991 were fixed in accordance with the salaries at
that time.
Zietlow said the proposed pay increases for the Planning
Secretary and Deputy Clerk are not compatible with a salary that
an executive secretary might receive in the private sector.
Zietlow said the City should re-examine its job evaluation system
before approving any pay adjustments.
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Clerk -Treasurer Karlson said he spoke with the League of
Minnesota Cities a few months ago about Medina's job evaluation
system. Karlson said the league offers a program where they will
come into a city and establish point values and pay ranges for
each job classification.
Moved by Thies, seconded by Johnson, to authorize the city clerk
to contact the League of Minnesota Cities and request that the
League re-evaluate Medina's pay equity system, specifically the
job points assigned to each position, at a cost not to exceed
$1,200.
Motion carried unanimously.
15. JIM LANE RESIGNATION FROM PARK COMMISSION
Mayor Theis read a letter from Park Commissioner Jim Lane in
which he stated that he was resigning from the Park Commission,
effective June 30, 1992.
Mayor Theis directed the city clerk to submit a notice of the
Park Commission opening in the Crow River News, the Laker/Pioneer
Press and the City's June newsletter.
16. CITY OF INDEPENDENCE COMPREHENSIVE PLAN AMENDMENT
The City of Independence presented a comprehensive plan amendment
for the expansion of the septate collection systems around Lake
Sarah and Lake Independence. The amendment increases the number
of connections to Medina's sewer system by 135 units.
Steve Johnston, project engineer for the City of Independence,
said Independence added 30 lots since the last feasibility report
was submitted to the Medina City Council for consideration last
fall. Johnston said Independence identified additional parcels
that needed sewer service because of failing or potentially
failing on -site waste disposal systems which would jeopardize the
water quality around Lake Sarah or Lake Independence. He said
five units were added for a special condition property located at
the Shady Beach Resort. Johnston added that the City of
Greenfield had identified 10 units on the south side of Lake
Sarah but bowed out of the project because the assessments were
out of line.
Councilmember Thies said the former council viewed Independence'
request as a bail out situation because of their failing septic
systems.
Public Works Director Dillman said the City should include any
lot with a potentially failing system by adding it to the Tri-
City Agreement.
Johnston said the Cities of Independence and Greenfield had
originally asked for 135 units together.
Councilmember Johnson asked how long this "bail out" would last.
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Johnston said Independence notified every property owner they
could identify and asked them to fill out a survey related to
their on -site waste disposal systems. Johnston said he thought
everyone had been contacted with the possible exception of three
property owners. Johnston said Independence' request for
additional sewer capacity included any existing home that is
capable of hooking into the septate collection system. Johnston
added that of the 135 units identified in the request, 30 to 40
homes are experiencing septic system problems and nearly half
would be hooking on at a later time.
Councilmember Zietlow said the Council also had to consider the
City of Loretto since they too had been looking into expanding
its sewer capacity. Zietlow said it was also important that
Medina understand what its own sewer capacity needs were going to
be in the near future. He felt the city engineers needed to
examine the numbers and verify Medina's sewer capacity.
Johnston asked what kind of time schedule he was looking at.
Mayor Theis said City Engineer Glenn Cook would look at the
numbers presented by Independence and report on the sewer
capacity needs of Medina and Loretto and evaluate how Medina's
sewer capacity would be affected by the additional units
requested by Independence.
Moved by Zietlow, seconded by Mayor Theis, to direct city staff
to look into the long-term sewer capacity needs of Medina,
Loretto and Independence and to prepare a report for the Council
with findings and recommendations.
17. PAYMENT OF BILLS
Moved by Johnson, seconded by Zietlow, to approve payment of
Order Check Numbers 12052-12087 for $92,489.74 and Payroll Check
Numbers 13354-13375 for $15,888.60.
Motion carried unanimously.
18. ADJOURNMENT
Moved by Thies, seconded by Mayor Theis, to adjourn the meeting
at 11:35 p.m.
Motion carried unanimously.
ATTEST:
i-Rarlson,City Clerk
Anne E. Theis, Mayor