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HomeMy Public PortalAbout08/20/96 CCM121 MEDINA CITY COUNCIL MEETING MINUTES OF August 20, 1996 The City Council of Medina, Minnesota met in regular session on August 20, 1996, at 7:30 p.m. in the City Hall Council Chambers. Acting Mayor Ann Thies presided. Members present: John Ferris, Jim Johnson, Ann Thies, and Phil Zietiow. Members absent: Mayor Anne Theis. Also present: Public Works Director Jim Diliman, Police Chief Rick Rabenort, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, and City Clerk -Treasurer Paul Robinson. 1. ADOPTION OF THE AGENDA Moved by Zietlow, seconded by Ferris, to adopt the published agenda with the following addition: 1. Update on Pioneer Road. Motion passed unanimously. 2. MINUTES Moved by Johnson, seconded by Zietlow, to approve the minutes of the regular meeting of August 6,1996, as submitted. Motion passed unanimously. 3. CONSENT AGENDA Moved by Ferris, seconded by Johnson, to approve the consent agenda, as follows: A. Approval of a resolution Granting Final Approval To A Plat For John Day. B. Approval of a resolution Granting An Amended Conditional Use Permit To John Day. C. Approval of a resolution Granting Preliminary Approval For Plat Of Foxberry Farms 3rd Addition. D. Approval of a resolution Vacating Drainage and Utility Easements For Lundgren Bros. Construction Co. And Wallace Doerr. G. Approval of COPS application. Motion passed unanimously. 4. Consideration of consent agenda item IV. E. - Resolution Granting Final Approval For A Plat For Knappenberger/Steele. Thies asked if this issue should be tabled because she understood the corrected myiar had not yet been received. Ron Batty stated that this resolution was prepared and placed on the agenda with the stipulation that a corrected mylar would be available by tonight's City Council meeting. Since a corrected was not submitted by close of business today, the City Council could table this issue or pass the resolution contingent upon presentation of a corrected mylar. Motion by Ferris, seconded by Zietlow to table the Resolution Granting Final Approval For A Plat For Knappenberger/Steele and directing that the matter not be put back on 122 the agenda until a corrected mylar has been received by the City. Motion passed unanimously. 5. Consideration of Consent Agenda Item IV. F. - Resolution Granting Final Plat Approval To Donald Laurent For South Creek Addition. Loren Kohnen stated that certain names on the mylar presented needed to be changed in order for this approval to be finalized. Motion by Ferris, second by Zietlow to approve a Resolution Granting Final Plat Approval To Donald Laurent For South Creek Addition contingent upon presentation of the corrected mylar. Motion passed unanimously. NEW BUSINESS 6. Park Commission Appointment. Three seats for the Park Commission were open. Two expire in January 1997 and one in January 1999. Lori Karlik was applying for the seat vacated by Val Higgens which expires in 1999. Karlik gave a brief introduction stating her desire to see the City of Medina maintain a high quality park system that its residents can use and enjoy. She also stated that she had a lot of ideas that she would like to share with the commission. Phil Zietlow mentioned that the City Council needed more representation from Ms. Karlik's area of the City and encouraged Karlik to share any new ideas. Motion by Ferris, seconded by Thies to appoint Karlik to fill the remaining term of the seat expiring January 1999. Motion passed unanimously. New Business - Public Works 7. Equipment Rental Jim Dillman explained that he would like to rent his small grader to the City to do some maintenance to the shoulders of some City roads. Dillman wanted to know if the City Council sees this as a conflict of interest. He would charge the City $15 per hour for rental of the grader. Zietlow asked how many hours Dillman expected to use the grader. Dillman's answer was approx. 15-20 hours annually. Recently he used the grader on Medina road and it took 2 hours. Jim Johnson asked if there were any potential legal issues. 123 Batty said that it would be possible to rent equipment from staff but that it would not be possible to rent it from a City Council member. Motion by Ferris, second by Thies approving the rental of a small grader owned by Jim Dillman. Motion passed unanimously. NEW BUSINESS - PLANNING & ZONING 8. Request for a variance from front yard set back requirement for Theresa and Peter Naab at 2785 Morninqside Road. Loren Kohnen stated that Mr. and Mrs. Naab were requesting a variance to add on to their garage. He also stated that the Planning Commission had recommend approval of this variance based on the rationale that it was consistent with the set -back of the house and also consistent with other homes in the neighborhood. Ron Batty presented a draft resolution he had prepared in advance because the applicants were anxious to begin construction of the addition. There was some discussion about the hardships and conditions that were added in the draft of the resolution. Several City Council members wanted to approve the variance but were not in agreement on all of the rationale included in the draft resolution. Ron Batty stated that he had to guess at some of the possible conditions and hardships and that the City Council could change and amended those in the draft and still approve the variance request. There was some discussion about trees being used as a hardship in the past but this condition was taken out of the draft resolution. After some additional discussion the consensus of the City Council was to use the two hardships given by the Planning Commission. 1. The setback of the addition would be consistent with the setback of the existing house; and 2. The setback of the addition would be consistent with setbacks of other houses in the neighborhood. Motion by Johnson, seconded by Thies to grant a resolution approving a variance from front yard set back requirement for Theresa and Peter Naab at 2785 Morningside Road with the above hardships. Motion passed unanimously 9. Final Plat approval of Foxberry Farms 3rd Addition. Ron Batty explained that this is the final step in the process of approving the plot of the Foxberry Farms 3rd Addition for Lundgren Bros. Construction Co. and that nothing has really changed since the original proposal. This was just a request that the City Council direct the City Attorney to draft a resolution approving a Final Plat. 124 Motion by Johnson, seconded by Thies to authorize the City Attorney to draft a resolution granting approval for the final plat of Foxberry Farms 3rd Addition. Motion passed unanimously. 10 . Reconsider motions approving resolution granting final approval to a plat for John Day and resolution granting an amended conditional use permit to John Day. (Consent agenda items IV. A & B) Loren Kohnen asked the City Council if he could allow construction to begin before the actual mylar had been signed. After this request the City Council and the City attorney realized that items A and B on the consent agenda had been approved without the attaching conditions to requiring the mylar to be finalized before authoring the final plat. Ann Thies asked what type of action would be required to correct the previous motion. Ron Batty stated that the City Council would probably want to move to reconsider approval of A and B on the consent agenda and then approve them subject to staff review and. In addition a building permit cannot be issued by Loren until the mylar is approved. Motion by Ferris seconded by Thies to reconsider motions approving resolution granting final approval to a plat for John Day and resolution granting an amended conditional use permit to John Day. Motion passed unanimously. Motion by Ferris, seconded by Zietlow to approve a resolution granting final approval to a plat for John Day and a resolution granting an amended conditional use permit to John Day contingent upon presentation of the corrected mylar. Motion passed unanimously. NEW BUSINESS - POLICE 11. New squad design. Rick Rabenort presented a draft of a new design for the City's squad cars. He said that the after the initial set up cost of approx. $ 200 this design would be cheaper than the old design Phil Zietlow stated he was O.K. with new design for the new squad cars but not on older squads. Motion by Johnson, seconded by Thies to approve new design for all new police vehicles. Motion passed unanimously. 125 12. Abandoned/Unclaimed Property Ordinance. The ordinance was discussed. Rick Rabenort described that the ordinance would make it easier to auction off abandoned/unclaimed property. Several questions were asked by Jim Johnson and answered by Rabenort. After this discussion Acting Mayor Thies directed Staff to have the City Attorney review the ordinance. 13. Noise/Party Ordinance, Obscene Literature Ordinance. Rick Rabenort stated that this ordinance was being present to the City Council because of discussions with both the police officers and the city prosecutor. This ordinance would help officers to control and/or stop large parties and help the prosecutor to charge people with disorderly conduct. The City Council and the city attorney raised several questions and issues with the language of the ordinance. The overall consensus was that this sounded like a good idea and to have Staff look further into the exact language of the ordinance and present it again to the City Council. NEW BUSINESS - CLERK -TREASURER 14. Discussion on setting preliminary levy amount. John Ferris began the discussion by mentioning that this number was the preliminary levy number and not a number that was reflective of the final budget. Paul Robinson gave an overview of the increase and pointed out a significant increase in the City's tax capacity. Phil Zietlow was concerned that the increase to the levy from 1995 to 1996 was 22%. He also mentioned that he would like the tax rate to stay the same as last year's 14.51 %. John Ferris stated that if the City grows or if it needed to provide additional services the tax levy will continue to grow. This budget is supposed to reflect a reasonable starting point to give an estimate to set the preliminary levy. Phil Zietlow wanted additional information on what makes up the City's tax capacity and Jim Johnson wanted to have more definition on the capital outlay portion of the budget. 15. Discussion on performance evaluation process for department heads. Paul Robinson stated that the department heads had talked about changing the performance evaluation process to one where each department head would be evaluated by the entire City Council at a City Council meeting. This evaluation could 126 be done in a closed session and would allow for a more open discussion between the department head and the City Council. Jim Dillman stated that this is the way the evaluation process had worked in previous years. He also asked whether the clerk or the city attorney were required to be present during the review. Ron Batty responded that no they would not. John Ferris mention that this type of evaluation would be more proactive and allow for a more frank and free flowing evaluation. Ron Batty did make the City Council aware that an employee would have the right to request the evaluation to take place at an open meeting if the employee so desired. Overall consensus of the City Council was to go ahead and try this evaluation process and directed the departments heads to get together and with a time before November for having these evaluations. 16. Update on Pioneer Road Jim Dillman said that the construction was going well on Pioneer Road and that they may be able to finish this year. If they do this will put them over budget. He asked the City Council if they should go ahead this year or wait until next year. The consensus of the City Council was to direct Staff to finish the project this year. 16. APPROVAL TO PAY THE BILLS Motion by Ferris seconded by Zietlow to pay the bills as submitted. Motion passed unanimously. 17. EXECUTIVE SESSION - To Discuss Police Contract Negotiations Motion by Thies, seconded by Zietlow to go into executive session The City Council went into executive session at 8:45 p.m. and came out at 9:03 p.m. The City Council discussed negotiation strategy regarding the police union contract. 15. ADJOURNMENT Motion made by Thies, seconded by Zietlow to adjourn the meeting at 9:05 p.m.. Motion pas nanimously. 64,,, Attest:Anne E. Theis, Mayor Paul Robinson, Clerk -Treasurer 127 ORDER CHECKS - AUGUST 20, 1996 16170 AAA Striping $ 3,702.53 16171 Air Touch Cellular 210.60 16172 American Linen supply 42.72 16173 Biff's, Inc. 198.78 16174 Bryan Rock 40,638.45 / 16175 Budget Printing 262.94 16176 Chicago Title 1,456.92 16177 Commissioner of Revenue $907.74 16178 William Cooper 310.32 16179 Culligan 60.60 16180 Farmers State Bank of Hamel 3,853.19 6181 Feed Rite Controls 597.30 „,,ifv3/ 16182 Jeff & Brenda Fischer 521.50 16183 Fitzco, Inc. 299.21 16184 Five-0 Emergency Products 19.22 16185 Fortin Hardware 73.36 16186 Genuine Parts 147.80 • 16187 Glenwood Inglewood 68.60 16188 Gopher State One Call 59.50 16189 Government Fin. Officers Assn. 111.00 -16190 Great West Life 1,925.00 JK16191 Greater N.W.Office of R.E. Assess. 2,485.85 16192 Hamel Building Center 116.34 16193 Hardrives, Inc 5,190.20 '1 16194 HealthPartnrs 1,706.09 16195 Hennepin County Sheriff 163.36 16196 Hennepin County Support 565.00 16197 Hennepin County Treasurer 24.50 16198 Kennedy & Graven 5,749.31 16199 Kustom Signals 790.43 16200 Lakeshore Weekly News 20.00 16201 Law Enforcement Labor Services 132.00 16202 Law Enforcement Coord Comm. 10.00 16203 Lawn King, Inc 185.12 16204 Lawson Products 32.71 aI 16205 Terry Lingen 192.25 6116206 16207 Lucent Technologies 13.30 Mayer Distributing 4,745.00 16208 Metro West Inspection 8,127.98 16209 Metropolitan Council (SAC Charges) 21,384.00 16210 Midwest Automotive 6Q4.35 16211 Minn Comm 38.60 16212 Minnesota State Treasurer 2,967.22 16213 Minnesota's Bookstore 63.90 16214 Robert Mitchell, Jr. 192.50 16215 Colleen Morin 45.00 16216 North Memorial Medical Center 16.00 16217 Northern States Power 775.63 16218 P.E.R.A. 2,360.97 16219 Frank Pernat 45.00 16220 Pitney Bowes 283.38 16221 Prolawns Assoc. on the Lake 330.00 16222 Reynolds welding 40.81 16223 Streicher's 149.00 16224 Suburban Henn. Reg. Park 110.00 16225 David Sween 45.00 16226 Tallen & Baertschi 3,808.47 16227 Twin City Water Clinic 20.00 16228 U.S. West Communications 34.60 16229 Warning Lites 347.46 128 ORDER CHECKS - AUGUST 20, 1996 (CONT'D) 16230 Waterpro supplies 350.78 16321 Wright -Hennepin Sec. Services 52.18 $119,781.54 PAYROLL CHECKS - AUGUST 20, 1996 14906 Paul A. Robinson $ 773.34 14907 Steven T. Scherer 1,061.41 14908 Richard R. Rabenort 1,191.60 14909 Michael J. Rouillard 538.75 14910 James D. Dillman 1,195.18 14911 Robert P. Dressel 1,333.27 14912 Edgar J. Belland 1,179.33 14913 Cecilia M. Vieau 670.46 14914 Laura L. Sulander 885.78 14915 Sandra L. Larson 742.34 14916 Joseph R. Heyman 861.95 14917 Jon D. Priem 799.66 14918 Jeff J. Weiler 447.09 $11,680.16