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HomeMy Public PortalAbout06/21/94 CCM89 ORDER CHECKS - JUNE 21, 1994 13371 Allstar Electric $ 839.74 13372 Bonestroo, Rosene, Anderlik 9,204.16 13373 Commissioner of Revenue 755.91 13374 Culligan 58.70 13375 Cy's Uniforms l7-9-:95 13376 Dundee Nursery 1,391.42 13377 ESS Brothers 58.58 13378 Earl F. Anderson 155.93 13379 Elm Creek Watershed 2,276.50 13380 Farmers State Bank of Hamel 3,164.53 13381 Feed Rite Controls 35.00 13382 Fortin Hardware 224.24 13383 Gary's Diesel 4,313.68 13384 Gopher State One Call 110.25 13385 Great West Life Assurance 400.00 13386 Hamel Athletic Club 5,500.00 13387 Hardrives, Inc. 41,857.03 13388 Hennepin County Treasurer 6.21 r,-13389 Hennepin Co., Acctg. Svcs. 202.39 13390 Hennepin County Sheriff 64.18 13391 Hennepin County Support 534.00 13392 Holiday 114.74 13393 Jerde Shade Trees 150.00 13394 Richard Knutson, Inc. 23,324.00 13395 Lake Business Supply 26.64 13396 Law Enforcement Labor Services 75.00 13397 Long Lake Fire Dept. 2,379.50 13398 Medcenters Health Care 2,074.11 13399 Medina Police Dept., Petty Cash 84.01 13400 Minn Comm 38.60 13401 Minnesota Dept. of Revenue 654.00 13402 National Fire Protection 95.00 13403 North Memorial Medical Ctr. 83.00 13404 Office Max, Inc. 38.29 13405 P.E.R.A. 2,221.90 13406 Parts Co. of American 22.28 13407 Prolawns on the Lake 1,150.00 13408 Spec. Materials, Inc. 1,917.00 13409 Streicher's 578.62 13410 Town & Co. Fence 1,800.00 13411 U.S. West Cellular 160.21 13412 U.S. West Communications 34.60 13413 Uniforms Unlimited 142.82 13414 Vaughn Display & Flag 38.29 13415 Warning Lites 363.17 13944 13945 13946 13947 13948 13949 13950 13951 13952 $108,798.18 ffi IC',17lI )9 PAYROLL CHECKS - JUNE 21, 1994 Steven T. Scherer Richard Rabenort Michael J. Rouillard Scott Stillman James Dillman Robert P. Dressel Edgar J. Belland Jeffrey E. Karlson Cecilia Vieau 803.93 1,152.44 400.84 972.48 1,151.83 1,016.79 928.40 1,094.34 625.61 v� 90 13953 13954 13955 13956 13957 PAYROLL CHECKS - JUNE 21, 1994 (CONT'D) Laura L. Monroe Sandra L. Larson Joseph R. Heyman Jon D. Priem John R. Zietlow 771.00 715.48 742.41 694.92 220.57 $ 11,291.04 91 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 21, 1994 The City Council of Medina, Minnesota met in regular session on June 21, 1994 at 7:30 p.m. in the City Hall Council Chambers with Mayor Anne Theis presiding. Members Present: Members Absent: Also Present: Council Members John Ferris, James Johnson, Ann Thies, Philip Zietlow and Mayor Theis. James Johnson until 7:55 p.m. Police Chief Rick Rabenort, Public Works Director Jim Dillman, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron Batty and Clerk -Treasurer Jeff Karlson. 1. CONSENT AGENDA Moved by Thies, seconded by Ferris, to adopt the consent agenda, as follows: a. Resolution No. 94-35, "Resolution Granting a Conditional Use Permit to North Star Mattress Factory, Inc. for a Factory and Showroom on Lot 1, Block 1, Grier Industrial Park" b. Resolution No. 94-36, "Resolution Granting an Amended Conditional Use Permit to Douglas Leatherdale and Louise Leatherdale for Large Accessory Structures at 2075 Cottonwood Trail" Motion passed unanimously. 2. MINUTES Moved by Zietlow, seconded by Thies, to approve the minutes of the regular meeting of June 7, 1994, as amended, as follows: Page 5, item 12, paragraph 7, to read, "...conditional use permit with the 15 conditions recommended by the Planning Commission..." Motion passed unanimously. 3. INDEPENDENCE BEACH RESIDENTS REQUEST FOR FISHING DOCK The City Council considered the recommendations of the Park Commission regarding the location of a fishing dock at Lake Independence. The Park Commission had concluded that the best location for the dock would be in the park on the south side of the boat ramp. Park Commissioner Tom Gregor said the Commission felt that the dock should be used by all Medina residents and not just a few residents in Independence Beach. Independence Beach residents Tony Barden and Dick Wilkes submitted a petition stating that they would agree to abandon the petition to install a dock at the end of Beechnut Street if a dock was installed in the city park. Barden also requested that a permit be issued for the residents who would be installing and removing the 92 dock. Ron Batty said the Council should consider the dock a public facility since it would be on public property. Batty said the dock would be available to everybody and the City would have to accept liability. He said the Council should decide if the City was willing to take the risk. Batty added that the license arrangement made sense because the City needed to have absolute control of the dock. The only consideration from a private standpoint was that the residents would voluntarily build the dock. Batty said all public facilities needed to be handicapped accessible unless there was an undue burden. Batty said the fishing dock would need to be handicapped accessible unless the Council reached the conclusion that this would be an undue burden. Batty said in all likelihood, the decision point would be when there is a complaint about inaccessibility to the dock at which time the Council would need to decide if they would be willing to spend the money to make the dock handicapped accessible. Phil Zietlow said the issue of signage was important. Zietlow said "no diving" signs should be placed at the dock along with other warning signs such as the depth of the water. Moved by Zietlow, seconded by Mayor Theis, to approve the recommendations of the Park Commission by granting a temporary license to the Independence Beach residents who will be installing and removing the fishing dock, with the following provisions: 1. The dock location be handicapped accessible sometime in the near future. 2. The location of the dock be on the south side of the boat ramp. 3. The dock can be installed only after the license has been drafted, approved, and signed, and can be revoked at any time by the Council if a condition is not met or is violated. 4. City staff will determine what signage should be added to the dock. 5. City attorney will draft a license agreement which will be renewable on an annual basis. 6. The dock will be added to the City's liability insurance coverage. Motion passed unanimously. 4. PARK IMPROVEMENT PROJECTS Moved by Zietlow, seconded by Mayor Theis, to approve the following park improvement projects as recommended by the Park Commission: 93 1. Picnic Table Roof Repair at Medina Morningside Park - New roof boards and shingles ($100). 2. Gazebo at Medina Morningside Park - Repair shingles and paint frame ($125). 3. Picnic Table Roof at Independence Beach - Replace shingles ($30). 4. Boat Ramp Repair at Independence Beach - New web erosion blanket and rock ($800). 5. Drain Tile at Maple Park - At base of hill ($200). 6. Level Areas at Maple Park - Black dirt spread and dragged over grass area ($850). 7. Post Signs at Hunter Park - To prevent ATV's from coming across the park onto private property. Motion passed unanimously. 5. PAUL JAUNICH - REQUEST FOR VARIANCE Paul Jaunich, 3205 Highway 55, requested a variance from the septic ordinance which required a primary and alternate septic site. Loren Kohnen said without an alternate site, the septic tanks would have to be used as holding tanks and pumped approximately every ten days at a cost of $90-$100 per time. Kohnen said without a working septic system, a homeowner cannot obtain a home mortgage loan. He recommended that the City Council deny the variance request because of the problems that could arise in the future for the property owner. The Planning Commission heard the request on May 12, 1992 and had recommended that the variance be denied because the hardship section of the zoning ordinance could not be satisfied. Ron Batty said if the Council denied the variance, the lot would become unbuildable and would be removed from the tax rolls. Moved by Zietlow, seconded by Ferris, to accept the Planning Commission's recommendation to deny the variance request from Paul Jaunich because there is no hardship to the property as defined in the zoning ordinance. Motion passed unanimously. 6. HAMEL LIONS CLUB - REQUEST FOR CONDITIONAL USE PERMIT Ron Batty said a question arose at the May Planning Commission meeting about whether the Medina Ballroom should have to obtain a conditional use permit along with the Hamel Lions Club, which uses a portion of the Ballroom's property on Sundays for a flea market. Batty said the City's zoning ordinance stated that any use which is permitted by CUP, but which does not have a CUP, is considered a nonconforming use until a permit is issued. The effect of this 94 provision was to put into a nonconforming status any uses which were pre-existing and required a conditional use permit following the enactment of the 1980 zoning ordinance. Batty said, in other words, the Medina Ballroom had been a nonconforming use since 1980 because of its failure to obtain a conditional use permit. Batty said there were risks to a business being a nonconforming use, including the fact that it could not be rebuilt if the building were destroyed to more than 50 percent of its value. Batty said for a host of reasons having nothing to do with the flea market, it was in the interest of the Ballroom to remove its status as a nonconforming use. Batty said it was suggested that one the ways to deal with the issue would be to grant the Lions Club an annual license for the flea market instead of a CUP, similar to what the City of Plymouth was doing. Batty said the Plymouth ordinance was confusing and did not address a similar situation like the Lion's Club flea market. Batty said there was also some discussion about limiting a license to non-profit organizations. He said if the City set up a license procedure for flea markets, it would not be able to restrict it to non-profit organizations. Batty said from a land use basis, the City could not deny a license to someone simply because they are a for -profit business. Batty said a flea market was not a use which was allowed in an urban commercial district, but could be added to the ordinance. Phil Zietlow agreed that the ordinance should be changed. He said the Ballroom's problems were unrelated to the Lions Club. John Ferris said the Council should change the ordinance so that the Lions Club could do what they needed to do. Jim Johnson said the intent would not be to open the door to all flea markets. Speaking on behalf of the Lions Club, Tom Anderson said the flea market should be a permitted use, but only for non-profit organizations. Batty said the City could not create a zoning tool that is specific to the Lions Club. Johnson asked Batty if it was easier to control the flea market with a CUP or a license. Batty said the City would have to go through a rigorous process to amend the conditions in the ordinance which applied to urban commercial districts. Batty said a simpler fix would be to change the ordinance to include flea markets as an accessory use. Batty pointed out that accessory uses were different from conditional uses. 95 Moved by Johnson, seconded by Zietlow, to: (1) amend the City's zoning ordinance to include flea markets as an accessory use in an urban commercial district, limited to local non-profit organizations; (2) add a provision in the ordinance on the licensing procedure for a flea market; (3) direct Ron Batty to draft the ordinance changes; and (4) continue to allow the Lions Club to operate the flea market as they have been until the ordinance changes have been enacted and the new licensing procedure is established. Motion passed unanimously. 7. THORPE DISTRIBUTING - REQUEST FOR LOT DIVISION Jack Reis of Thorpe Distributing asked to subdivide his 10.37 acre parcel into two lots at 600 Clydesdale Trail. Both parcels (7.09 acres and 3.28 acres) met the area requirements of the ordinance. City Engineer Shawn Gustafson said he reviewed the plat and found it acceptable from an engineering standpoint. He recommended that the subdivision be approved. The Planning Commission also had recommended that the subdivision be approved with no conditions. Moved by Ferris, seconded by Mayor Theis, to authorize city staff to draft a resolution granting preliminary approval of a one lot subdivision for Jack Reis/Thorpe Distributing. Motion passed unanimously. 8. MEDINA MORNINGSIDE STORM WATER DRAINAGE DITCH Shawn Gustafson asked for a four week time extension to complete the feasibility study in connection with the Medina Morningside Storm Water Drainage Ditch Improvements. Gustafson said he did not have the resources to complete the study on time, but would have it done in four weeks. Moved by Johnson, seconded by Thies, to table the presentation of the feasibility study for the Medina Morningside Storm Water Drainage Ditch Improvements until July 19, 1994. Motion passed unanimously. 9. TRANSFER OF FUNDS Jeff Karlson asked the Council to authorize the following transfers: 1. $305,888.98 from TIF Capital Improvement Fund to 1993 TIF Debt Service Fund. 2. $179,267.31 from TIF Capital Improvement Fund to General TIF Debt Service Fund. 3. $642,138.00 from General Fund to Woodlake Landfill Fund. 4. $12,464.56 from General fund to 1985 Debt Service Fund. Moved by Johnson, seconded by Thies, to adopt Resolution No. 94-37, 96 "Resolution Authorizing the Transfer of Funds." Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays: None. Resolution No. 94-37 adopted on a 5-aye and 0-nay vote. 10. PAYMENT OF BILLS Moved by Zietlow, seconded by Ferris, to approve payment of Order Check Numbers 13371-13415 for $108,798.18 and Payroll Check Numbers 13944-13957 for $11,291.04. Motion passed unanimously. 11. LIQUOR LICENSE RENEWALS Moved by Mayor Theis, seconded by Johnson, to approve the renewal of liquor licenses for the period of July 1, 1994 through June 30, 1995 for the following establishments, subject to the Police Chief's review and approval: 1. Medina Recreations: 2. Rolling Green C.C.: 3. Big Woods Saloon: On Sale $4,831 Off Sale $ 100 Sunday Liquor $ 200 On Sale $4,831 Sunday Liquor $ 200 On Sale $4,186 Off Sale. . . . .. . . $ 100 Sunday Liquor $ 200 4. Inn Kahoots: On Sale $4,186 Off Sale $ 100 Sunday Liquor $ 200 5. Anderson Liquors: Off Sale $ 100 6. Stop 'N' Go Liquors: Off Sale $ 100 7. Baker Natl. Golf Course: On Sale Non -Intoxicating$ 100 Off Sale Non -Intoxicating $ 25 8. American Legion #394: On Sale Non -Intoxicating. $ 100 9. Holiday Station Store: Off Sale Non -Intoxicating $ 25 Motion passed unanimously. 12. ADJOURNMENT Moved by Zietlow, seconded by Mayor Theis, to adjourn the meeting at 9:26 p.m. Motion passed unanimously. ATTEST: Jeffrey E: Karlson, Clerk -Treasurer June 21, 1994 Anne E. Theis, Mayor