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