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HomeMy Public PortalAbout07/21/92 CCM119 ORDER CHECKS - JULY 21, 1992 10984 Hamel Rodeo $3,660.00 10985 Conrad Miller 122.00 10986 Government Training Service 154.00 10987 Minnesota County Attorneys 90.20 10988 Cec Vieau 24.34 10989 Southern Police Institute 2,325.00 10990 Braun Intertec 450.00 10991 P.E.R.A. 1,239.52 10992 Farmers State Bank of Hamel (S.S.) 587.38 $8,652.44 PAYROLL CHECKS - JULY 21, 1992 12856 Wayne Wallace $ 936.01 12857 Jill McRae 935.39 12858 Richard Rabenort 1,045.72 12859 Michael Rouillard 410.20 12860 Scott Stillman 765.66 12861 James Dillman 1,015.99 12862 Robert Dressel 934.45 12863 Edgar Belland 723.65 12864 Cecilia Vieau 540.07 12865 Laura Monroe 725.92 12866 Sandra Larson 574.81 12867 Benedict Young 858.30 12868 Michael Glampe 424.59 12869 Henn. Co. Support 472.00 12870 Law Enforcement Labor Svc. 100.00 12871 Great West Life 480.00 12872 Farmers State Bank (Fed.) 1,838.31 12873 P.E.R.A. 908.41 12874 Farmers State Bank (S.S.) 587.38 $14,276.86 �C. 120 Due to the fact that a quorum of councilmembers was not present, Tuesday July 21, 1992, the council meeting of the City of Medina was not held. Present: Mayor, Gary Acromite; Councilmember, Robert Mitchell; Acting Clerk -Treasurer, Laura Monroe; Zoning Administrator, Loren Kohnen; City Engineer, Glenn Cook; City Attorney, Ron Batty Absent: Councilmembers Wilfred Scherer, Philip Zietlow, Ann C. Thies Gary Acromite announced that staff and councilmembers that were present would discuss the agenda items, could take no action and that the agenda for this meeting would be at a special council meeting, with a date to be determined. Discussion session was completed 8:10 p.m. Acting Clerk -Treasurer The Council of the City of Medina met in special session on July 27, 1992 at 5:30 p.m. Present: Mayor, Gary Acromite; Councilmembers, Robert Mitchell, Philip Zietlow, and Ann C. Thies; Acting Clerk - Treasurer, Laura Monroe; Public Works Director, Jim Dillman; Planning & Zoning Administrator, Loren Kohnen; City Engineer, Glenn Cook; City Attorney, Ron Batty Absent: Councilmember Wilfred Scherer 1. CHANGES AND ADDITIONAL AGENDA ITEMS Gary Acromite said to add the minutes from July 7 to the agenda. 2. MINUTES OF JULY 7, 1992 Laura Monroe said that under the consent items, that the U.S. West permit should include the Resolution number, 92-50. She said that also under the plans and specs for Tower Drive, Maple Street and Pioneer Trail, that it should read, "Moved by Mitchell, seconded by Thies to adopt Resolution 92-51, 92-52 and 92-53 accepting the plans and specs for these projects." Moved by Mitchell, seconded by Thies to accept the minutes as amended. Motion declared carried. 3. CLERK -TREASURER APPLICATION REPORT Robert Mitchell said that he thought that Gary Acromite and Ann Thies be the councilmembers on the committee to review the applications received, and there should be one person from the Planning Commission and two members of the community, such as Tom Anderson, or Tom Crosby, people who have a working knowledge of the city, no more than five people. He had talked with Jim Willis, the outgoing City Manager from the City of Plymouth to see if he would be agreeable to be a consultant in the interviewing process, because of his experience in 121 running a city. Phil Zietlow said that he liked the idea of including a couple of citizens. Moved by Mitchell, seconded by Zietlow to appoint Gary Acromite and Ann C. Thies to the committee to hire a new Clerk -Treasurer, along with one Planning Commission member, and two citizens. Motion declared carried. 4. MINNESOTA DEER HUNTERS ASSOCIATION - GAMBLING REQUEST Moved by Mitchell, seconded by Thies to approve the gambling request for the Minnesota Deer Hunters Association to be held September 17 at the Medina Ballroom as requested, subject to the approval of Police Chief, Rick Rabenort. Motion declared carried. 5. LUNDGREN BROTHERS WATERMAIN EXTENSION REQUEST Glenn Cook explained that Lundgren Brothers has requested that the City extend trunk water main to serve their proposed plat on the Doerr property off of County Road 116. They are requesting a feasibility study to develop project costs and proposed assessments. The City has not completed a water study for the service area so there should also be an analysis of the northeast area to determine trunk line size. The estimated cost to complete the feasibility study is $2,000 and the estimated cost to complete the water system analysis is $3,000. He said that this would not change the size of the well. Gary Acromite asked if he would also include a proposed schedule for the project. Glenn Cook said that it would. Moved by Zietlow, seconded by Thies to direct staff to prepare the feasibility study and water system analysis as proposed for Lundgren Brothers proposed development on the Wally Doerr property, County Road 116. -v Motion declared carried. 6. DISTRIBUTION OF LAWFUL GAMBLING PROCEEDS Ron Batty explained that there have been some preliminary discussions between the City of Medina and the Northwest Suburban Chamber of Commerce regarding the use of lawful (formerly charitable) gambling proceeds. The Chamber is exploring the idea of transferring lawful gambling proceeds to the City. The City would be allowed to retain a portion of this money while forwarding the balance to certain other entities, including the Chamber itself. The latter would be on a "gentlemen's agreement" basis. The council has asked me to review this matter for its legal implications. There is no problem with the Chamber making a contribution to the City of some all of its lawful gambling proceeds. The part of the plan which poses some challenges is getting the money back out of the City's hands. The general rule of law is that Cities have only those powers granted to them by law or necessarily implied by a specific grant of power. There is simply no statutory authorization for a city to make a charitable contribution. Cities can enter into agreements with other entities to perform services which the city would be able to perform itself, such as athletic programs, or pay an organization which does such programs, or a city may sponsor civic events, or it may contribute to another 122 group's event. Another approach to this matter is the statute which allows cities to require that gambling operators contribute 10% of net gambling profits to a fund administered by the city. This money is not part of the city's general fund and the city may not impose any charge for administering this program. The city should be aware that if it uses this provision, it would have to collect 10% from every lawful gambling operator, and some criteria for how the money should be distributed should be established. 7. PLANNING & ZONING DEPARTMENT Ron Petrucci - Resolution Gary Petrucci said that the Willis Kohnen's refuse to sign the trail easement document. He said that they had been reminded that in their contract that they had agreed to cooperate and that they had to sign it. He said that their attorney had agreed to it, and when he had his wife drive out with the hard shell to sign, which they did sign, they still refused to sign the easement. Ron Batty said that the council couldn't do anything at this meeting. He said that the alternative was for the buyers to sign the easements at the closing, and that the documents would have to be recorded in the right order in order for the easement to be properly obtained for the city. Gary Petrucci said that it would be a three way closing. He questioned the legal right for the city to have the easement. He said that they should take the easement off. Robert Mitchell said that Mr. Petrucci would have to obtain signatures this week in order for the council to act on the resolution at its next regularly scheduled meeting on August 4. Loren Kohnen said that it is provided for in the ordinance and that city staff has to look into the future. He said that is in the ordinance. He said that the trail system is in the comprehensive plan that has been accepted by the Met Council. Gary Acromite asked what action the city should take Ron Batty said adoption of the resolution. Mike Leuer - Building Permit Request George Gubbins said that Mr. Leuer is requesting that the Medina City Council allow him to start building a new home on Lot 5 Block 1, Tuckborough Farm 5th Addition, before being granted either a variance or a lot line rearrangement. He has applied for this, but wants to start the home before this request has been completed. The home exceeds the height ordinance, and by that ordinance a home must be on property at least 3.5 acres and this lot is 3.3 acres. Mr. Leuer owns the adjoining lot where the two -tenths of an acre must be obtained, and is requesting that a certificate of occupancy be withheld until the lot line rearrangement has been completed so that they may proceed with the building. The soils in the lot that the acreage would be taken from would not effect its buildability. Loren Kohnen said that they house would either have to be redesigned to meet the 30 foot height requirement or the property would have to be replatted. He said that they should go through the proper process, otherwise the council would have to act as both the Planning Commission and council. He said that they could amend the house plans 123 and be allowed to start, using the approved plans, such as making the roof flat. Gary Acromite said that they should go through the proper process. He said that the council is sensitive to the issue. Loren Kohnen said that they are on the September agenda for the Planning Commission. Perhaps they could go to the second meeting in September for approval at the council instead of in October so that they may perhaps start in September. The Architect from D.B.L. Design, Bloomington, questioned the height ordinance. Phil Zietlow said that originally the height ordinance was for safety for fire fighting as all of Medina's fire departments have ladders of only 30 feet in height, but then it came down to aesthetics when it came to acreage size. The ordinance should perhaps be reviewed again. Moved by Zietlow, seconded by Thies to have the Planning Commission look at the ordinance regarding height of residential homes, especially with regard to the size of the lots. Motion declared carried. 7. $1,837.50 RELEASE OF ESCROW - SOUTHRIDGE FARM Moved by Mitchell, seconded by Thies to release the escrow as requested. Motion declared carried. 8. BILLS Moved by Thies, seconded by Acromite to approve the bills, Order Checks #10984-10992 for $8,652.44, and Payroll Checks #12856-12874 for $14,276.86. Motion declared carried. Moved by Mitchell, seconded by Zietlow to adjourn. Motion declared carried. Meeting adjourned 6:30 p.m. ctin Cle`Y k- e surer 4-apt( g July 27, 1992