HomeMy Public PortalAbout08/02/94 CCM115
ORDER CHECKS - AUGUST 2, 1994
13520 A T & T $ 6.60
13521 Adams Builders & Remodelers 160.00
13522 Allstar Electric 62.06
13523 Earl F. Anderson 2,303.27
13524 Gerald R. Bullock 114.00
13525 Classic Cleaning 191.70
13526 Coffin & Gronberg 440.00
13527 Commercial Life 67.60
13528 Commissioner of Revenue 793.09
13529 Davies Water Equipment 51.92
13530 Delta Dental 680.45
13531 James Dillman 75.00
13532 Robert Dressel 75.00
13533 E-Z Recycling 2,070.00
13534 ESS Bros. & Sons 814.73
13535 Equal Net 57.64
13536 Farmers State Bank of Hamel 3,471.87
13537 Greater N.W. Office 2,217.40
13538 Harmon Glass 513.45
13539 Hennepin Co. Treas. Acctg. Svcs 1,882.00
13540 Henn. Co. Sheriff 364.42
13541 Holmes & Grven 5,559.84
13542 Jeffrey Karlson 47.65
13543 G.D. LaPlant 24.21
13544 Long Lake Ford 52.16
13545 Medcenters Health 2,074.11
13546 Medica 3,255.78
13547 Metropolitan Waste Control (Treatment) 8,312.00
13548 Minnegasco 16.80
13549 Minnesota Pipe & Equipment 2,651.18
13550 North Memorial Medical Center 41.50
13551 North Star Concrete 1,181.64
13552 Northern States Power 893.02
13553 Northern States Power (Lighting) 646.87
13554 City of Orono 2,093.36
13555 P.E.R.A. 2,292.68
13556 Perry's Truck Repair 47.25
13557_. Postmaster 500.00
13558 Public Financial Management 11,000.00
13559 Randy's Sanitation 146.23
13560 Roto Rooter 203.50
13561 Steven Scherer 75.00
13562 Schmidt Curb 400.00
13563 Seelye Plastics 56.18
13564 Spec. Materials 15,522.38
13565 Specialty Products 174.59
13566 St. Paul Stamp Works 13.65
13567 Streicher's 128.73
13568 Twin City Office 734.85
13569 U.S. West 134.75
13570 U.S. West Comm. 246.18
13571 Uniforms Unlimited 459.32
13572 Village Chevrolet 392.16
13573 W.L. Traffic Supply 448.61
13574 Water Pro 573.43
13575 Wright -Hennepin Electric 1,079.57
$77,891.38
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13991
13992
13993
13994
13995
13996
13997
13998
13999
14000
14001
14002
14003
14004
14005
14006
14007
14008
14009
PAYROLL CHECKS - AUGUST 2, 1994
Anne E. Theis
Ann C. Thies
John B. Ferris
Philip K. Zietlow
James R. Johnson
Steven T. Scherer
Richard R. Rabenort
Michael J. Rouillard
Scott A. Stillman
James D. Dillman
Robert P. Dressel
Edgar J. Belland
Jeffrey E. Karlson
Cecilia M. Vieau
Laura L. Monroe
Sandra L. Larson
Joseph R. Heyman
Jon D. Priem
John R. Zietlow
$ 207.79
138.52
138.52
138.52
138.52
803.93
1,152.44
1,086.30
972.48
1,151.83
1,066.85
924.72
1,094.34
734.04
811.75
715.48
735.04
694.92
406.08
$13,112.07
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MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 2, 1994
The City Council of Medina, Minnesota met in regular session on
August 2, 1994 at 7:30 p.m. in the City Hall Council Chambers with
Mayor Anne Theis presiding.
Members Present: John Ferris, Ann Thies, Philip Zietlow and Mayor
Theis.
Members Absent: James Johnson.
Also Present:
Police Chief Rick Rabenort, Public Works
Director Jim Dillman, Zoning Administrator Loren
Kohnen, City Engineer Shawn Gustafson, City
Attorney Ron Batty and Clerk -Treasurer Jeff
Karlson.
1. ADOPTION OF THE AGENDA
Moved by Zietlow, seconded by Thies, to adopt the agenda with the
following additions:
A. Discussion of David and George Wessin's Interest in
Purchasing 3.75 Acres of City Property.
B. Discussion of Tom Wellhausen's and Arnold Ostlund's Request
to Acquire City Property Consisting of Lots 11, 12, 13 and
14, Block 10, Independence Estates
C. L.M.C.C. Communication Regarding Pending Cable Legislation
D. Thank You to Thorpe Distributing for Open House
Motion passed unanimously.
2. CONSENT AGENDA
Moved by Thies, seconded by Ferris, to adopt the consent agenda, as
follows:
A. Approval for City auditors Kern, DeWenter, Viere to prepare
the audit for the City's general purpose financial statements
for the year ending December 31, 1994
B. Resolution No. 94-50, "Resolution Granting Final Approval to
Wallace Doerr/Lundgren Bros. Construction Co. for the Plat of
Foxberry Farms"
C. Resolution No. 94-51, "Resolution Granting a Permit to
Minnegasco for Gas Main Installation"
Motion passed unanimously.
3. MINUTES
Moved by Thies, seconded by Ferris, to approve the minutes of the
regular meeting of July 19, 1994, as presented. Motion passed
unanimously.
4. MEDINA MORNINGSIDE AREA STORM DRAINAGE IMPROVEMENTS
John Ferris said he had a change of mind about what should be done
to improve the storm water drainage ditch in Medina Morningside
after viewing the site. Ferris said he had not realized that the
drainage area was more like a ravine than a ditch. Ferris said the
existing ravine would look the same today without the homes except
it would not be as deep. He recommended that the Council go with
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a non -engineered solution by restoring the ravine or ditch to the
level it would have been with normal erosion. Ferris questioned
whether the City should do anything beyond that. Ferris said this
area was no different from other areas in Medina. He said none of
the other solutions were justifiable because of the costs involved.
Jim Dillman said the City was right back to where it had started
from.
Phil Zietlow said a non -engineered option was not the perfect
solution but was a lot less expensive. Zietlow said the cost of
improving the drainage ditch with an engineered solution was
equivalent to the road budget for a year.
Ann Thies asked it if would be prudent to go into executive session
before making a decision.
Ron Batty said John Brossart of the League of Minnesota Cities
Insurance Trust, the attorney representing the City in the related
lawsuit against the City, needed to present before the Council
could go into executive session. Batty said there were two
separate issues to deal with: litigation and a public improvement
project.
Ann Thies asked if it was possible to have Brossart attend the next
Council meeting.
Ferris said Jim Dillman needed to find out what kind of material
was available to fill the ditch.
Moved by Mayor Theis, seconded by Zietlow, to direct Public Works
Director Jim Dillman and City Engineer Shawn Gustafson to obtain
information on what type of material could be used to fill the
ditch, the costs involved, the process that would be needed, and
how the City would procure access to the drainage site. Motion
passed unanimously.
5. ADAM'S PEST CONTROL - C.U.P. AMENDMENT FOR HALLWAY ADDITION
Adam's Pest Control requested an amendment to its existing
conditional use permit to construct a 52'6" by 5 foot hallway on
the east side of the main building located at 872 Highway 55. The
Planning Commission recommended that the conditional use permit be
granted with no additional conditions.
Loren Kohnen said the building would no longer be used as a motel.
Ann Thies said there was no reason for Adam's Pest Control to have
a motel along with their pest control business.
Ron Batty pointed out that Resolution No. 93-86, adopted November
16, 1994, rescinded their previous conditional use permit and no
motel was mentioned. Batty said if Adam's was operating a motel in
addition to their pest control business, it was either a non-
conforming use or an illegal use.
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Moved by Ferris, seconded by Thies, to authorize city staff to
prepare a resolution granting an amended conditional use to Don-Har
Partnership/Adam's Pest Control for a hallway addition with the
condition that their building cannot be used as a motel. Motion
passed unanimously.
6. CHARLES & ELIZABETH NOLAN - VARIANCE FOR PRIMARY SEPTIC SITE
Charles and Elizabeth Nolan requested a 100 foot setback variance
from a wetland area for their primary septic system site located at
2935 Willowood Farm Road. The city ordinance required a 150 foot
setback. The Planning Commission recommended approval of the
setback variance, the hardship being the topography of the area,
the soil conditions, and the change in the wetland laws since the
property was divided.
Loren Kohnen recommended that the Council allow the 50 foot setback
and require the Nolan's to build a larger septic system.
Charles Nolan said he made several site visits with S&P Testing to
locate an appropriate new primary site which would meet all the
City ordinances, but they were unsuccessful.
Phil Zietlow asked why they placed the septic system in the
proposed location.
Nolan said they had to place the septic system in this location
because of the driveway north of the site and because it had the
best soils.
Moved by Zietlow, seconded by Mayor Theis, to authorize city staff
to prepare a resolution granting a 100 foot setback variance to
Charles and Elizabeth Nolan for the primary septic site which would
allow the system to be 50 feet from the wetland as recommended by
the Planning Commission, with the hardship being the change in
wetland laws since the creation of the lot, the topography of the
land, and the soil conditions; and that the secondary septic site
be fenced before, during, and after construction. Motion passed
unanimously.
7. ORDINANCE AMENDMENT
The Planning Commission recommended that the "Ordinance Amending
Sections 826.53 et seq. of the Medina Code of Ordinances to Add
Flea Markets as Accessory Uses Within the Urban Commercial Zoning
District" be amended with two additions:
1. Section 826.56(f) to read, "A promotional sign no larger
than 32 square feet per side with a maximum of 64 square
feet is permitted during sale hours.
2. Section 826.56(g) to read, "Parking to be clearly delineated
and control to be the responsibility of the licensee.
Batty said the Planning Commission's intent was to eliminate
signage.
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Rick Rabenort said the sign advertising the Hamel Lions flea market
at the west entrance of the Medina Ballroom parking lot impeded the
visibility of motorists.
Moved by Ferris, seconded by Mayor Theis, to accept the Planning
Commission's recommendation that Sections 826.56(f) and 856.56(g)
be added to the ordinance amending Sections 826.53 et seq. of the
Medina Code of Ordinances. Motion passed unanimously.
8. SALE OF CITY PROPERTY TO DAVID AND GEORGE WESSIN
The Council discussed a letter from David and George Wessin who
expressed interest in purchasing a 3.75 acre parcel of land from
the City, located at the southeast corner of Highway 55 and
Tamarack Drive.
Shawn Gustafson said the City had looked at the property as a
potential site for a well house.
Jim Dillman said the land was not an ideal site for the well house
and could be sold.
Phil Zietlow said the City should sell the property for no less
than what the City paid for it.
Ron Batty said the Wessin's should be advised of the assessments on
the property. Batty said the assessments should be factored into
the selling price of the land. Batty added that the land might
have more value as an separate, independent developable site rather
than as an add -on to a larger piece.
Zietlow said it would be good to get the property back on the tax
rolls.
Moved by Zietlow, seconded by Thies, to authorize City Attorney Ron
Batty to contact David Wessin regarding the sale of the 3.75 acres
of city property, subject to the easements being retained. Motion
passed unanimously.
9. SALE OF CITY PROPERTY TO TOM WELLHAUSEN AND ARNOLD OSTLUND
In a letter to the City Council, Tom Wellhausen, 4505 Walnut
Street, and Arnold Ostlund, 4525 Walnut Street, said they each
wished to acquire two lots behind their existing lots, which
comprised of Lots 11, 12, 13, and 14, Block 10, Independence
Estates.
Mayor Theis said the City had been reluctant to sell these
properties in the past because the City wanted to retain the land
for easements in the event that Beechnut Street would be built.
Theis said if the Council decided to sell the land, it should
require that the lots be combined with an existing lot into one
parcel.
Phil Zietlow asked if there was a possibility of Beechnut becoming
a roadway.
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Theis said there was no way of that because the land was too low.
Zietlow said the street easement for Beechnut was useless to the
City if the road was never going to be built.
Moved by Mayor Theis, seconded by Zietlow, to authorize City
Attorney Ron Batty to contact Tom Wellhausen and Arnold Ostlund
about the City's willingness to sell Lots 11, 12, 13, and 14, Block
10, Independence Estates. Motion passed unanimously.
10. L.M.C.C. COMMUNICATION REGARDING PENDING CABLE LEGISLATION
Jim Daniels, administrator for the Lake Minnetonka Communications
Commission, wrote a letter to the City Council regarding pending
legislation at the federal level which would deny cable franchising
authority to local governments in order to promote competition
among telecommunications providers.
Ann Theis said if the pending bill was passed by the Senate, cities
would lose their ability to control local cable rates. She
recommended that staff prepare a letter to the Minnesota U.S.
Senators expressing concern over the House pre-emption of local
franchising authority and support for two Senate bills which would
retain local cable authority.
Moved by Mayor Theis, seconded by Zietlow, to direct City Clerk -
Treasurer Jeff Karlson to draft a letter to U.S. Senators Dave
Durenberger and Paul Wellstone which expresses the Council's
support for Senate Bills 1822 and 2195 which would retain local
cable franchising authority. Motion passed unanimously.
11. THANK YOU TO THORPE DISTRIBUTING FOR THEIR OPEN HOUSE
Moved by Zietlow, seconded by Mayor Theis, to direct Clerk -
Treasurer Jeff Karlson to draft a letter to Thorpe Distributing
thanking them for their open house held July 31, 1994. Motion
passed unanimously.
12. REDEMPTION OF 1985 G.O. IMPROVEMENT BONDS
Jeff Karlson presented a written summary of the funds available in
the 1985 G.O. Improvement Bond Fund to prepay the debt and of any
future revenue from special assessments. $114,500 was needed to
prepay the remaining coupons and the principal and interest payment
due October 1, 1994. Karlson there was a balance of $45,150 in the
bond fund and that the City could expect to receive a total of
approximately $61,500 in special assessments in 1994, 1995 and
1996. There was also $17,750 in deferred assessments on the
Holasek property. The interest rate on the remaining coupons was
at 8.0 to 8.4%.
Moved by Zietlow, seconded by Ferris, to adopt Resolution No. 94-
52, "Resolution Providing for the Prepayment and Redemption of the
1985 General Obligation Improvement Bonds of the City."
Ayes: Ferris, Thies, Zietlow and Mayor Theis. Nays: None.
Resolution No. 94-52 adopted on a 4-aye and 0-nay vote.
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13. PAYMENT OF BILLS
Moved by Mayor Theis, seconded by Ferris, to approve payment of
Order Check Numbers 13520-13575 for $77,891.38 and Payroll Check
Numbers 13991-14009 for $13,112.07. Motion passed unanimously.
14. ADJOURNMENT
Moved by Thies, seconded by Mayor Theis, to adjourn the meeting at
8:55 p.m. Motion passed unanimously.
Anne E. Theis, Mayor
ATTEST:
J- re "E Karlson, Clerk -Treasurer
August 2, 1994