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HomeMy Public PortalAbout07/06/93 CCM102 ORDER CHECKS - JULY 6, 1993 12134 Delta Dental $ 641.55 12135 Medica 3,577.92 12136 Budget Printing 237.04 12137 U.S.West Cellular 31.42 12138 Copy Duplicating Products 110.81 12139 Greater N.W. Office of R.E. Assess. 2,110.60 12140 Goodyear Auto 258.42 12141 Elm Creek Watershed 2,202.50 12142 U.S. West Communications 250.02 12143 Henn. Co. Gen. Acct. Div. 801.00 12144 Metropolitan Waste Control 9,308.00 12145 Long Lake Ford Tractor 156.95 12146 NSP 1,596.39 12147 Minn.Dept. of Rev. 489.22 12148 Commercial Life 57.55 12149 Government Training Service 116.00 12150 Dept, of Public Safety, Finance Sec. 270.00 12151 NSP 684.68 12152 Jim Dillman 75.00 12153 Robert Dressel 75.00 12154 Bryan Rock Products 508.86 12155 Feed Rite Controls 1,399.21 12156 Randy's Sanitation 78.81 12157 Lake Business Supply 454.50 12158 Pioneer Creek Watershed 489.00 12159 MCFOA 25.00 12160 Chippewa Corp. 25.56 12161 City of Wayzata 174.50 12162 Ben Young 75.00 12163 Minnegasco 18.04 12164 Minnesota Conway 359.61 12165 Kar Products 97.44 12166 GSI 18,363.26 12167 Holmes & Graven 13,144.69 12168 Miller Davis 26.18 12169 Hennepin Co. Treas. 25.33 12170 Rick Rabenort 11.96 12171 Omann Bros. 4,011.40 12172 Banyon Data 1,086.30 12173 The Software Library 371.20 12174 Twin City Striping 4,968.76 12175 Westsode Wholesale Tire 16.26 12176 Minn. Dept. of Revenue 654.00 12177 Hennepin Coop. 100.11 12178 Bury & Carlson 19,028.31 12179 Jerde Shade Trees 785.00 12180 KDV 3,580.00 12181 Stan's Auto & Tool 90.53 12182 A T & T 33.24 12183 Roto Rooter 508.90 12184 Cec Vieau 35.45 12185 Twin City Water 20.00 103 ORDER CHECKS - JULY 6, 1993 12186 H & L Mesabi 12187 E-Z-Recycling 12188 Wright Recycling 12189 P.E.R.A. 12190 Farmers State Bank (S.S.) 12191 System One 113.30 2,070.00 942.22 1,174.89 559.57 2,717.00 Q /A .rcv PAYROLL CHECKS - JULY 6, 1993 13414 Anne E. Theis $ 207.79 13415 Ann C. Thies 138.52 13416 John Ferris 138.52 13417 Philip zietlow 138.52 13418 James Johnson 138.52 13419 Wayne Wallace 959.94 13420 Richard Rabenort 1,101.51 13421 Michael Rouillard 888.61 13422 Scott Stillman 773.17 13423 James Dillman 1,048.58 13424 Robert Dressel 483.95 13425 Edgar Belland 890.76 13426 Jeffrey Karlson 442.35 13427 Cecilia Vieau 301.64 13428 Laura Monroe 396.28 13429 Sandra Larson 471.93 13430 Joseph Heyman 628.21 13431 John Zietlow 191.09 13432 Benedict Young 472.02 13433 P.E.R.A. 845.63 13434 Commissioner of Revenue 634.53 13435 Farmers State Bank of Hamel (Fed.) 1,540.76 13436 Farmers State Bank of Hamel (S.S.) 559.57 $13,392.V0 104 MINUTES The City Council of Medina, Minnesota met in regular session on July 6, 1993 at 7:30 p.m. in the City Hall Council Chambers. Present: Councilmembers John Ferris, James Johnson, Philip Zietlow and Mayor Anne Theis. Absent: Councilmember Ann Thies. Others Present: Police Chief Richard Rabenort, Public Works Director Jim Dillman, City Engineer Glenn Cook, Zoning Administrator Loren Kohnen, City Attorney Ron Batty and Clerk -Treasurer Jeff Karlson. 1. MINUTES Moved by Zietlow, seconded by Ferris, to approve the minutes of the regular meeting of June 15, 1993 as presented. Motion carried unanimously. 2. CONSENT AGENDA Moved by Zietlow, seconded by Ferris, to adopt the consent agenda as follows: 1. Resolution No. 93-37, "Resolution Granting Final Approval for a Lot Division/Combination at 2964 Lakeshore Avenue" 2. Resolution No. 93-38, "Resolution Approving Application for Permit to Install Utilities or to Place Underground Construction in City Right of Way" 3. Approval of Lawful Gambling License for Minnesota Deer Hunters Association/West Suburban Chapter Motion carried unanimously. 3. CONTRIBUTION FROM HAMEL LIONS CLUB Thomas Anderson, Chairman of the Hamel Lions Gambling Committee, presented a check in the amount of $10,500 to Mayor Theis for the development of the proposed Hamel Legion Park expansion. 4. CITY OF INDEPENDENCE REQUEST FOR ADDITIONAL SEWER CAPACITY Steve Johnston of Loucks & Associates said representatives of the Cities of Medina and Independence met on June 24, 1993 to review Independence' request for additional connections to their septate collection system. Johnston said the purpose of the meeting was to decide on the number of connections that could be excluded from the 135 requested. Johston said the following items were discussed and agreed to both parties: 1. Only parcels in existance since 1987 would be connected. Shady Beach resort would be limited to one connection. 2. Parcels over 5 acres can only be connected if they are adjacent to a lake or an alternate on -site septic system is unavailable. 105 Johnston said when this criteria was applied, the number of connections for the Lake Sarah area dropped to 103 and the area south of Lake Independence dropped to 17 bringing the total to an additional 120 connections. City Engineer Cook said they started with 535 units. The City of Medina had 160 units on the system and wished to preserve an additional 120. Independence and Greenfield had 149 units on the system leaving 106 available units. Cook said the area south of Lake Indepedence did not have to be included in the calculation. Councilmember Ferris asked how Loretto would be impacted if all the sewer capacity was used up. Ferris said Loretto was coming to a crisis point and Medina would soon be faced with another bailout situation. Councilmember Zietlow said Independence was first in line and their needs should be considered a priority. Ferris said this was a global issue. He said Medina better know what it's going to do if Loretto comes to the city for assistance. Glenn Cook said the bottom line is that when the sewer capacity is used up, it's gone. Zoning Administrator Kohnen pointed out that Independence was endeavoring to take care of existing homes while Loretto was looking at expansion. Cook said the whole city of Loretto was located in a Metropolitan Urban Service Area which meant that the Metropolitan Waste Control Commission was responsible for solving Loretto's sewer capacity needs. Councilmember Johnson arrived at 8:00 p.m. Pat Wulff, 2865 Lakeshore Avenune, of the Lake Independence Citizens Association, said homeowners would start to petition for Lake Independence to become a watershed district if Medina did not take better care of the lake. Bill Reutz, 2775 County Road 19, said piping additional sewage into Medina's system would exacerbate the problems that existed in the Lake Independence area. Reutz pointed out that strong odors are prominent when walking past the lift station. Cook said that more volume did not mean that odors would become worse and could have the opposite effect. Jack Ebert, 2795 County Road 19, asked what the impact would be if there was more sewage going into the system and the lift station had another power failure, and what the downtime would be before a backup generator could be brought to the lift station. 106 Cook said it depended on the amount of infiltration in the system. He added that the line is gravity flow and is not under pressure. Independence Mayor Marvin Johnson said the City of Independence planned to install a 24,000 gallon holding tank which would minimize the amount of sewage going through the system. Steve Johnston said this was the first step of a long process. Johnston said both cities must find solutions to the problems that exist in the Lake Sarah and Lake Independence area. Councilmember Ferris said he would like to see solutions proposed that specifically addressed Loretto's and Independence's sewer capacity needs, the lift station and the odor from the lift station. Ferris said all these issues should be dealt with in one package because of the ramifications that one of these components could have on the whole picture. Councilmember Zietlow said the council needed to give Independence some kind of indication that Medina would support the additional units requested by Independence. Ferris said he was not willing to do that. Ferris said the issue was units. He added that the problem had to be addressed as a whole. Zietlow said Medina and Independence should be able to solve the existing problems. He said it would take too long to obtain Loretto's input. Zietlow added that Loretto was not Medina's problem. Steve Johnston pointed out that Independence is reimbursing Medina $70,000. to upgrade the lift station. Councilmember Johnson suggested that the council table this matter until they can discuss the public works item regarding the cost of a backup generator for the lift stations. Moved by Zietlow, seconded by Mayor Theis, to direct City Engineer Cook and city staff to put together a plan that identifies each problem--Loretto's and Independence's sewer capacity needs, the lift station, the odor from the lift station, and the backup generator --and possible solutions outlining how each of these problems can be addressed. Motion carried unanimously. 5. U.S. WEST NEW VECTOR GROUP CONDITIONAL USE PERMIT Zoning Administrator Kohnen said U.S. West wished to amend its present conditional use permit by adding three additional cellular antennas to its existing antennaes on the Hamel water tower. The Planning Commission and staff recommended that the request be approved. 107 The council directed staff to contact other cities to find out what they're charging in rental fees for antennas. Moved by Mayor Theis, seconded by Zietlow, to direct staff to prepare a resolution approving a conditional use permit for U.S. West New Vector Group for the addition of three cellular antennas with the inclusion of 13 conditions as recommended by the Planning Commission; and to direct staff to renegotiate the contract and rental fees. Motion carried unanimously. 6. GAIL & SHARYN KNAPPENBERGER AND RICHARD STEELE LOT LINE REARRANGEMENT AND REPLAT Zoning Administrator Kohnen said Gail and Sharyn Knappenberger and Richard Steele each owned two parcels and wished to create three parcels out of the combined four lots, two of which would be owned by the Knappenberger's and one by Steele. The Planning Commission recommended that the request be approved with two conditions. Coucilmember Johnson pointed out that newly platted Lot 3, Block 1, Leed's Maple Ridge, owned by Knappenberger's, did not have road access. Johnson said Medina's ordinance prohibited the subdivision of a lot without road access. The council agreed that proper road access needed to be added as a condition. Moved by Ferris, seconded by Zietlow, to direct staff to prepare a resolution approving lot line rearrangement and replat for Gail and Sharyn Knappenberger and Richard Steele with six conditions including the condition that the applicants provide an easement for road access to Outlot A, Leed's Maple Ridge. Motion carried unanimously. 7. ROBERT ROMFO/LONG LAKE HOUNDS CONDITIONAL USE PERMIT Zoning Administrator Kohnen said Robert Romfo wished to amend his current conditional use permit which would allow him to board up to 54 hounds in his kennels. The existing CUP permitted Romfo to house 40 dogs, including his personal dogs. Councilmember Johnson asked Romfo why he had not complied with the existing conditional use permit before and he asked what assurance the council had that Romfo would comply with the CUP if it were amended. Romfo said he took over an existing kennel in 1983 and an existing CUP that was established in 1974 and did not know about the conditions. Councilmember Zietlow asked what steps would be taken for Condition #6 requiring a minimum of a 1000 gallon holding tank, Condition #7 requiring the abatement of barking hounds and Condition #13 prohibiting drainage into the wetlands. 108 Romfo said he would do everything necessary to comply with the conditions. Carolyn Smith, 2752 Hamel Road, said the dogs were a nuisance to nearby property owners because of barking and dogs running loose. Smith said problems had increased over the years and allowing more hounds would only compound the problems. She pointed out that members of the Long Lake Hounds Executive Committee had admitted to her that there were some problems. She added that other neighbors felt the same way she did but were not willing to step forward and speak out on the issue. Bill Nunn, 2825 Willow Drive, said he frequently drives by the kennels and has never noticed a problem. Lyman Wakefield, former chairman of the Long Lake Hounds, said the hounds were well -disciplined and well-behaved. Moved by Ferris, seconded by Zietlow, to direct staff to prepare a resolution approving an amendment to Robert Romfo's conditional use permit with 16 conditions as recommended by the Planning Commission with the added condition that the Long Lake Hounds provide a "letter of credit" by noon on Friday, July 9, 1993 in the amount of $3500. In addition, Romfo will be required to comply with conditions #6 and #13 by June 15, 1994. Motion carried unanimously. 8. ROBERT ROMFO, 2832 HAMEL ROAD, CUP FOR PRIVATE KENNEL Zoning Administrator Kohnen said Robert Romfo was applying for a conditional use permit for a private kennel for up to six dogs which would be housed in a 12' by 24' outside kennel and an 8' by 10' kennel inside the house. Kohnen said Romfo was given a court order to get rid of two german shepards and there was some uncertainty whether Romfo had gotten rid of the dogs when two german shepards reappeared on Romfo's property. Mayor Theis asked Romfo if he would object to having the dogs veterinarian determine the age and sex of the german shepards and then present a letter from the vet documenting the age and sex of the shepards. Police Chief Rabenort said this would not prove anything. He said the age and sex of the dogs was insufficient evidence to prove that Romfo had gotten rid of the two german shepards. Rabenort asked Romfo for a phone number to call or a letter from the recipient of the dogs. Rabenort added that his investigation turned up no record that the dogs were shipped out to Canada as Romfo claimed. City Attorney Batty said the police should be directed to conduct an investigation and report back to the council whether the german shepards housed on Romfo's property were different from the shepards Romfo was to have gotten rid of. 109 Mayor Theis said this was a concern that needed to be resolved. Moved by Mayor Theis, seconded by Ferris, to direct the police department to conduct an investigation and present the best possible evidence to the council at the second meeting in August that the two german shepards on Romfo's property are not the same dogs Romfo was ordered to remove, at which time the council will determine if the information is sufficient to grant a conditional use permit. Motion carried unanimously. Councilmember Johnson said Romfo should obtain a letter of receipt from the recipient of the dogs. City Attorney Batty said the conditional use permit should not be granted until Romfo voluntarily produced the information the council requested. 9. WILLIAM NUNN REQUEST FOR EXTENSION TO REMOVE MANURE William Nunn, 2825 Willow Drive, requested another extension to remove horse manure from his property which was to have been removed by July 1, 1993. Nunn said he was unaware that his conditional use permit required him to remove manure from the property entirely. Nunn said he would have removed the manure but the wet spring made it difficult to get machinery into the fields. He said he also was confronted with a drainage problem because of the new Willowood Farm subdivision behind his property. Nunn pointed out that the new roads put in caused water to back up toward his property and created a wetland. Nunn asked for an extension to August 31, 1993 so that he take advantage of drier weather. Moved by Zietlow, seconded by Mayor Theis, to grant William Nunn an extension to July 31, 1993 provided that Nunn submit a "letter of credit" or post a bond in the amount of $3,500 by noon on Friday, July 9, 1993. Furthermore, that Zoning Administrator Kohnen be directed to publish a notice of revocation if the conditions of the CUP are not met by July 31, 1993. Motion carried unanimously. Moved by Zietlow, seconded by Mayor Theis, to direct staff to look into any road problems that may exist along Willowood Farm Road. Motion carried unanimously. 10. $815,000 G.O. IMPROVEMENT BONDS, SERIES 1993 Jeanne Vanda of Ehlers and Associates distributed a handout illustrating the capitalization of general obligation improvement bonds for the County Road 116 sewer and water main extension and Medina Road improvement. Vanda said the estimated costs for the County Road 116 sanitary sewer main, lateral sewer extension, water line and assessed portion of Medina Road project was $779,900. With legal and fiscal fees and capitalized interest, Vanda said the total bond issue would be $815,000 with a debt 110 repayment schedule of ten years. Moved by Ferris, seconded by Mayor Theis, to adopt Resolution No. 93-39, "Resolution Providing for the Sale of $815,000 General Obligation Improvements Bonds, Series 1993." Ayes: Ferris, Johnson, Zietlow and Mayor Theis. Nays: None. Resolution No. 93-39 adopted on a 4-aye and 0-nay vote. 11. FIREARM ORDINANCE AMENDMENT City Attorney Batty explained the draft he prepared of a proposed ordinance amendment relating to the discharge of firearms. The council reviewed the following changes: 1. Section 320.01 has been modified to include a definition of "firearm and "high-powered firearm." A firearm is now defined as any gun from which a shotgun shell or shotgun slug may be discharged. High-powered firearms are all other guns. 2. Section 320.01, subd. 8 has been changed to give the city council discretion to determine where firearms may be discharged. This will be accomplished by the adoption of a map designating certain areas as off-limits for the discharge of firearms. 3. Section 320.07 is a prohibition against the discharge of high-powered firearms anywhere within the city, except for the purpose of destroying a predator or nuisance animal. 4. Sections 320.09 and 320.11 now pertain only to firearms. The restriction on shooting within rural areas is applicable only firearms because high-powered firearms are prohibited everywhere. The distance from property lines for the discharge of a firearm has now been corrected to 100 yards. Batty said all the above changes were discussed or suggested by councilmembers, staff or citizens at the May 4, 1993 council meeting. Batty recommended that the map designating certain areas as off-limits be adopted by resolution so that the map can be changed as needed without having to amend the ordinance. Councilmember Johnson said Amendment #3 changing Section 320.07 was too ambiguous and should state that only a .22 caliber firearm would be allowed for the purpose of destroying a predator or nuisance animal. Councilmember Zietlow suggested designating restricted areas by sections. Police Chief Rabenort said he and Ron Batty tried using one house per eight acres as the threshold, but this did not work because it created too many pockets. Mayor Theis suggested that Chief Rabenort devise more than one map which might be feasible and have them ready for the next 111 council meeting. 12. ORDINANCE AMENDMENT REGARDING BARKING DOGS City Attorney Batty said that in order to be able to charge people for barking dogs, the council needed to amend the city's ordinance. Moved by Johnson, seconded by Zietlow, to adopt Ordinance No. 276, "An Ordinance Amending Section 345.03, Subdivision 5 Regarding Public Nuisance." Ayes: Ferris, Johnson, Zietlow and Mayor Theis. Nays: None. Ordinance No. 276 adopted on a 4-aye and 0-nay vote. 13. PURCHASE OF PORTABLE POWER GENERATOR Public Works Director Jim Dillman informed the council of a power failure that occurred on June 17, 1993 to the lift station and well house at Independence Beach. Dillman said the power outage caused flooding of sewage in several basements and considerable damage to Baker Park. Dillman said that power had been interrupted in this area in past years but this was the first time significant damage had occurred. He added that the city was not prepared to handle this kind of problem. Dillman offered two options for the council to consider to prevent this from happening in the future: 1) Discontinue flows from the Cities of Independence and Greenfield and let them handle the overflow and flooding as well. 2 Purchase a portable power generator that would be capable of supplying emergency power to all the lift stations and well houses. Dillman said he was in the process of developing a cost share plan with Independence and Greenfield for the purchase of a backup generator. Dan Koch, public works director for the City of Independence, said Independence was willing to share in the cost of the generator. Dillman said the city could purchase a used U.S. Army diesel powered generator and have it put into operation, which would include the installation of an alarm monitoring and notification system and compatible connections, at an estimated cost of $26,000. Dillman said a new generator would cost $45-50,000. Moved by Mayor Theis, seconded by Ferris, to authorize the purchase of a portable power generator and the cost of service and installation of the unit at an estimated cost of $26,000.; and to direct staff to negotiate with the Cities of Independence and Greenfield and Hennepin County Parks on a cost sharing plan for the purchase of the generator. Motion carried unanimously. 112 14. RESOLUTION ORDERING COUNTY ROAD 116 WATER MAIN EXTENSION Moved by Zietlow, seconded by Ferris, to adopt Resolution No. 93- 36, "Resolution Ordering Co. Rd. 116 Trunk Water Main Improvement and Directing Preparation of Final Plans and Specifications." Ayes: Ferris, Johnson, Zietlow and Mayor Theis. Nays: None. Resolution No. 93-36 adopted on a 4-aye and 0-nay vote. 15. 1993 BUDGET AMENDMENT Moved by Ferris, seconded by Zietlow, to adopt Resolution No. 93- 40, "Resolution to Amend 1993 Budget." Ayes: Ferris, Johnson, Zietlow and Mayor Theis. Nays: None. Resolution No. 93-40 adopted on a 4-aye and 0-nay vote. 16. MOTION TO TABLE AGENDA ITEMS Moved by Zietlow, seconded by Ferris, to table discussion on the capital improvement plan and the designation of general fund monies until the next meeting on July 20, 1993. Motion carried unanimously. 17. REBECCA MILLER TEMPORARY EMPLOYMENT Moved by Zietlow, seconded by Mayor Theis, to hire Rebecca Miller on a temporary basis from July 6-16 at an hourly rate of $7.25. Motion carried unanimously. 18. PAYMENT OF BILLS Moved by Mayor Theis, seconded by Ferris, to approve payment of Order Check Numbers 12134-12191 for $99,418.58 and Payroll Check Numbers 13414-13436 for $13,392.00. Motion carried unanimously. 19. ADJOURNMENT Moved by Ferris, seconded by Zietlow, to adjourn the meeting at 12:25 a.m. Motion carried unanimously. Anne E. Theis, Mayor ATTEST: