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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 $77,891.38 116 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 $13,112.07 117 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 118 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. 119 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. 120 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. 121 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. 122 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