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
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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: