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HomeMy Public PortalAbout09/01/92 CCM145 PAYROLL CHECKS - SEPTEMBER 1, 1992 12919 Gary Acromite $ 207.79 12920 Ann C. Thies 138.52 12921 Robert Mitchell 138.52 12922 Philip Zietlow 138.52 12923 Wilfred Scherer 138.52 12924 Wayne Wallace 876.67 12925 Jill McRae 935.39 12926 Richard Rabenort 1,045.72 12927 Michael Rouillard 882.20 12928 Scott Stillman 693.59 12929 James Dilman 1,015.99 12930 Robert Dressel 895.95 12931 Edgar Belland 976.54 12932 Cecilia Vieau 540.07 12933 Laura Monroe 770.65 12934 Sandra Larson 626.46 12935 Benedict Young 858.30 12936 Michael Glampe 343.39 12937 Farmers State Bank (S.S.) 659.00 12938 Farmers State Bank (Fed.) 1,856.47 12939 P.E.R.A. 924.97 12990 Commissioner of Revenue 754.14 $15,417.37 ORDER CHECKS - SEPTEMBER 1, 1992 11073 Delta Dental $ 453.70 11074 Medica Choice 2,913.90 11075 Farmers State Bank (S.S.) 659.00 11076 Postmaster 329.00 11077 Budget Printing 378.10 11078 U.S. West Cellular 270.81 11079 Copy Duplication Prod. 222.85 11080 Greater N.W. Office of R.E. Assess. 2,040.00 11081 Fortin Hardware 275.66 11082 U.S. West Communications 354.44 11083 A T & T 3.00 11084 Wright Hennepin Electric 1,025.31 11085 Medcenters Health 909.50 11086 Streichers 51.12 11087 Loretto Towing 35.00 11088 Henn. Co. Gen. Acctig. 727.00 11089 Metro West Inspection 15,886.04 11090 Metro Waste Control 6,750.00 11091 Long Lake Ford 187.78 11092 Shakopee Ford 34.30 11093 NSP 1,787.11 11094 City of Orono 1,854.00 11095 P.E.R.A. 1,262.42 11096 Crow River News 95.83 11097 Hamel Building Center 68.08 11098 Bonestroo, Rosene 14,977.42 11099 Midwest Business Prod. 44.14 11100 WrightRecycling 60.63 11101 Candlelight Floral 75.23 146 ORDER CHECKS - SEPTEMBER 1, 1992 11102 Rigs & Squads 77.28 11103 NSP 680.00 11104 Amelia Kroeger 414.00 11105 Sheriff's Dept.,Co. of Henn. 323.76 11106 Bryan Rock Products 40,828.77 11107 Jim Hatch Sales 361.39 11108 Feed Rite 65.00 11109 Midwest Asphalt 482.30 11110 First Trust 152,837.50 11111 Pitney Bowes 78.00 11112 Uniforms Unlimited 166.40 11113 Earl F. Anderson 675.43 11114 Ziegler, Inc. 59.66 11115 Steven Tallen 2,195.76 11116 Barton Sand & Gravel 1,192.91 11117 Randy's Sanitation 78.81 11118 Safety Kleen Corp. 76.40 11119 Lake Business Supply 19.99 11120 Goodyear Auto Service 363.85 11121 Dolphin Temp. 1,566.67 11122 Police Dept. 84.12 11123 City of Loretto 75.00 11124 Wenck Assoc. 2,902.83 11125 H.C. Mayer 2,233.31 11126 Burlington Northern 750.00 11127 Scott Tillman 65.00 11128 City of Independence 289.00 11129 Culligan 56.20 11130 Allstar Elecrric 86.22 11131 Holmes & Graven 19,261.56 11132 Reo-Raj Kennels 12.00 11133 West Hennepin Auto 1,131.61 11134 Glenwood Inglewood 10.80 11135 BRC 33.80 11136 Westside Wholesale 15.92 11137 A T & T Credit Corp. 121.42 11138 City of Robbinsdale 69.00 11139 Twin City Striping 480.00 11140 Swenson & Assoc. 900.00 11141 Banyon Data Systems 3,723.68 11142 Harco Water Works 545.00 11143 Pitney Bowes 65.00 11144 Gregory Scherer 94.00 11145 Robert Hebzynski 120.00 11146 Minn. Dept. of Health 654.00- \k ii, 11147 Prolawns Assn. on the Lake 65.00 11148 Budget Paper 55.00 11149 Gopher State One Call 175.00 11150 Cec Vieau 56.82 11151 Westside Equipment 14.82 11152 Twin City Water Clinic 20.00 11153 E-Z-Recycling 2,184.75 $292,626.11 LC.SY-v0 > 147 The Council of the City of Medina met in regular session on September 1, 1992 at 7:30 p.m. Present: Mayor, Gary Acromite; Councilmembers, Ann C. Thies, Robert Mitchell, Philip Zietlow; Acting Clerk - Treasurer, Laura Monroe; Public Works Director, James Dillman; City Engineer, Glenn Cook; City Attorney, Ron Batty; Acting Police Chief, Michael Rouillard Absent: Councilmember, Wilfred Scherer Additional Agenda Items Moved by Mitchell, seconded by Zietlow to add the following agenda items: Clerk Treasurer Position Update Highway 12 Issue Police Personnel Matter Emil Jubert - Request for Connection to Hamel Water System Motion declared carried. 1. MINUTES OF AUGUST 18, 1992 Moved by Thies, seconded by Mitchell to accept the minutes as presented. Motion declared carried. 2. COMPREHENSIVE PLAN Glenn Cook explained that the final changes to the maps and tables and the literature portion of the comprehensive plan were made, except for Map 8 that relates to the rural density, and section numbers are only being added to that map to go with the table that appears on page 21 of the plan. Gary Acromite asked if the information was consistent with what was given to the Met Council. Robert Mitchell said that it was consistent with what was already approved by the Met Council. He suggested that the changes should be submitted with a cover letter to guide Barb Senness. Moved by Mitchell, seconded by Thies to direct the Mayor and staff to get final changes to the Metropolitan Council for final approval. Motion declared carried. Terry Forbord, of Lundgren Brothers, said that he hadn't seen the maps that relate to land use guide plan for zoning. He asked if they are different as to what portion was residential and what was industrial in the exhibits handed out tonight. 3. TRUNK HIGHWAY 55 SEWER PROJECT Gary Acromite if the council was ready to order the project. Robert Mitchell said that he had a two hour meeting with Glenn Cook and Jeanne Vanda, of Ehlers, and they had reviewed the whole thing. It appears that the cost has grown for the project since January and February and there was a concern about the project being financially feasible. Jeanne Vanda said that in light of this, the amount to be assessed would have to be increased by 148 $50,000 and the time line when the assessments would be put back in the fund. She said that there would be a shortfall of $200,000. If we did this, we would be able to finance the project. Gary Acromite asked if the $150,000 would be from the extension of time, and the $50,000 would be from the additional assessment. Robert Mitchell said that the additional assessment would mean the assessment that was now projected to be $2,000 would have to be increased to $2,500 an acre. He said that the general fund would pay 60% of the project. Gary Acromite asked about the ability to finance the Hamel well. Glenn Cook said that project was included in the figures. Gary Acromite asked if it was still feasible with this information to call it at this point, or do the bills have to come in first. Glenn Cook said that they would have to wait until the bills came in. Robert Mitchell said that there would be no harm waiting until bid time. He said that was part of the final contingency originally. Until we sign the project we don't have to commit the money. Gary Acromite said that if the plans and specs were ordered, then the council should be pretty sure they want to go ahead. Phil Zietlow said that $50,000 was a pretty big number. He said that the businesses need sewer, but are they agreeable to this new information. He said that they should be asked if they are willing to come up with more money. Gary Acromite asked what the cause was for the cost increase. Glenn Cook said that the cost of the easements was more than expected. Gary Acromite asked if the plans and specs could be ordered for all three phases. Glenn Cook said that they were only ready to order the plans and specs for Parts A and B. Robert Mitchell said that we need to contact the customers, the seven businesses, and order the plans and specs simultaneously. He didn't feel that they would balk at the extra money. Phil Zietlow said that if they do, we should listen. Robert Mitchell said that each delay puts the project back. He said that it is possible that we could save the money that we need by keeping the project moving forward. Gary Acromite asked if the plans were ordered, are we confident in the estimates. He asked if Ron Batty could review the TIF plan for these expenditures. Ron Batty said that he would go through the plan and see if the council would have to go through the process of amending the plan. Robert Mitchell said that we wouldn't have to decide on what to set the hookup charge to tonight, since we know the exact amount of the hookup charges since we will be discussing this matter for hooking up to the water tonight. Moved by Mitchell, seconded by Thies to adopt Resolution 92-75 and 92-76 to order the plans and specs for portions A and B of the Trunk Highway 55 Sewer Project, portion A being the trunk 149 portion from the Grier Industrial Park, and portion B the remaining portion and the lateral portion to Willow Drive. Motion declared carried. Moved by Mitchell, seconded by Zietlow to have staff contact the seven businesses and inform them of the additional money that will need to be assessed. Motion declared carried. Moved by Mitchell, seconded by Zietlow to have City Attorney, Ron Batty to review the TIF plans for any modifications regarding these changes. Motion declared carried. 5. PUBLIC WORKS DEPARTMENT Pioneer Trail Extension Public Hearing 8:20 p.m. Glenn Cook explained that the property owner to the southeast of Pioneer Trail asked that the improvement of the road be extended 172 additional feet for dust control, past the front of their property. They have signed a petition and waiver agreement for the assessment for $5,673.00. The estimated cost of the improvement is $7,564.00. The public hearing was closed at 8:25 p.m. Moved by Mitchell, seconded by Thies to adopt Resolution 92-77 for adopting the assessment roll for the extension of 172 feet of the Pioneer Trail road improvement, as proposed, and to adopt Resolution 92-78 ordering the project by adopting change order #1 for this project. Motion declared carried. Wright Hennepin Permit Moved by Mitchell, seconded by Zietlow to adopt Resolution 92-79 for Wright Hennepin Electric to bury cable under Willow Drive to the Medina substation. Motion declared carried. Emil Jubert - Request to Connect to City Water Jim Dillman explained the cost to hook up to the city watermain has always been $1,000 per acre. In the recent past a resident along Highway 55 with less than two acres paid that amount. Emil Jubert's house is on 72 acres. Gary Acromite suggested that there should be some minimum charge, such as having the minimum lot size in the rural area as two acres in the on site system ordinance. He asked what criteria did the council want to use. He said that there should be some assurance that if the property was divided in the future that it wasn't felt that the $1,000 per acre did not apply at that time. Tom Anderson, 200 Navajo Road, suggested that the size of pipe would limit the amount of water used. Robert Mitchell said that one acre should be carved out at this time, and a $1,000 hookup charge be paid now, as long as the property owner acknowledges that this does not apply to the rest of the acreage if it is divided and the new property owner wants to hookup. 150 Gary Acromite asked what the appropriate action was, if the city ordinance should be looked at and to work with the landowner what the minimum lot size is per the ordinance. Robert Mitchell said that we were trying to do a favor here. Moved by Mitchell, seconded by Zietlow to direct that the hookup charge for Emil Jubert, 1182 Highway 55 be $1,000 for one acre, and to direct staff to draft an agreement acknowledging that this is for only one acre, and does not pertain to the remaining acreage. Motion declared carried. 6. MINNESOTA LAWFUL GAMBLING PERMIT APPLICATION - HAMEL LIONS CLUB Robert Mitchell explained what had happened at the last meeting regarding this request. The Northwest Suburban Chamber was turning in their license for this operation, and the Hamel Lions Club was requesting that they be allowed to do it instead. They had been asked to submit some information as to their organization and what was done with donated funds presently by the Lions. Gary Acromite said that the Chamber was struggling with what to do with the liability. He asked if more money would be spent in Medina. Frank Mignone, President of the Hamel Lions Club, said that the Lions have a blanket liability policy, so that would not be an issue, and that the money would be spent more in Medina. Moved by Mitchell, seconded by Thies to adopt Resolution 92-80 approving the Hamel Lions Club application for Minnesota Lawful Gambling, as proposed. Motion declared carried. 7. PLANNING AND ZONING DEPARTMENT Richard Burtness, 1520 Hunter Drive, Conditional Use Permit Jim Dillman read Loren Kohnen's memo regarding this request. He said that the applicant wishes to continue to have a home occupation in the lower level of his home with one outside employee. The nature of the home occupation is office, with no products being produced, delivered, picked up or sold. The Planning Commission recommended approval with four conditions. However, there are restrictive covenants on North Ridge Farm and complaints from the neighbors. Robert Mitchell asked if the covenants prohibited this on the property. He said that he didn't want to have the city get into the middle of a fight that may be brewing between the other property owners and the applicant. James Johnson, Planning Commission member, said that it was up to the homeowners association to bring any suit to the person violating the covenants. The homeowner should know what the restrictive covenants are, if any, when he purchased his home in the neighborhood. Moved by Mitchell, seconded by Zietlow to table the request for Conditional Use Permit for Home Occupation for Richard Burtness, 1520 Hunter Drive, for staff to follow up on the status of the covenants of Northridge Farm, as it pertains to this request, and provide this information to the council. 151 Motion declared carried. Brad Rheingans, 3355 Hunter Drive, Conditional Use Permit Moved by Zietlow, seconded by Thies to direct staff to draft a resolution granting a conditional use permit to Brad Rheingans, 3355 Hunter Drive for a home occupation as recommended by the planning commission with 10 conditions. Motion declared carried. Midwest Outdoor Marketing, 29 Hamel Road, Conditional Use Permit Moved by Thies, seconded by Mitchell to direct staff to draft a resolution granting approval to Midwest Outdoor Marketing, 29 Hamel Road for a conditional use permit, per the planning commission recommendations and 12 conditions, and also approving two variances as proposed, with the hardship as proposed. Motion declared carried. Don Kariniemi, 62 Hamel Road, Conditional Use Permit Jim Dillman read Loren Kohnen's memo, explaining that the applicant was applying for a conditional use permit for an office/warehouse/assembly operation. The planning commission recommended approval. Phil Zietlow asked if the planning commission addressed the noise. Don Kariniemi, explained that any noise would be within the building. Moved by Zietlow, seconded by Thies to direct staff to draft a resolution granting approval to Don Kariniemi, 62 Hamel Road for a conditional use permit for an office/warehouse/assembly operation as proposed, with the 13 planning commission recommendations. Motion declared carried. H.E. Anderson, 712 Highway 55, Conditional Use Permit Jim Dillman read Loren Kohnen's memo explaining that the applicant wished to change the use of part of their building to a Subway Sandwich Store. The use fits the zoning ordinance. The number of sewer units for the parcel are 1.3, and the Metropolitan Waste Control Commission said that the use is one unit. Phil Zietlow asked if there would be a separate entrance for the business, as he was concerned that there be no internal entrance from the liquor store side. Gary Acromite asked if there were any other businesses in that area that were open 24 hours a day, 7 days a week. He asked if that would be a problem for the police. Mike Rouillard said that he saw no problems. Moved by Zietlow, seconded by Mitchell to direct staff to draft a resolution granting a conditional use permit to H.E. Anderson and Sons, 712 Highway 55, for a Subway Sandwich and Salad Store, as proposed with the 14 planning commission conditions, and that there be on interior access between the two businesses. Motion declared carried. 152 Lundgren Brothers Subdivision - Request for Information Jim Dillman read Loren Kohnen's memo explaining that at the special meeting with the planning commission that there was a request for additional information to be provided to them, and that staff and additional consultants were deemed necessary. Gary Acromite asked what we were authorizing money to be spent on. Phil Zietlow asked if this would pay for itself. Gary Acromite said that the staff could do expense analysis. Leonard Leuer said that Commissioner John Ferris made the motion, and he felt that there were several more numbers that what the staff could get their hands around, that he felt were necessary in the decision about the Lundgren development on the Wally Doerr property. James Johnson, planning commissioner, said what was wanted was any long term effect this many houses would have on the Hamel area. Phil Zietlow thought that this would be money down the drain. Gary Acromite asked who the council should go to for this information. Robert Mitchell said that the Met Council should be asked. Ron Batty asked who was going to pay for this. He said that the applicant should incur the cost. Anne E. Theis, 4651 Walnut St., asked if Medina hadn't done something of this type of advice many years ago, and shouldn't there be a copy of this available. Terry Forbord, Lundgren Brothers, said that at the planning commission meeting they were concerned with the issue of the impact of the development, and if there would be a need for more city services such as another police officer, or another snowplow. Some data may already exist. He said he didn't see what difference it made how many gas stations are relevant for a particular development. He said that the scope goes beyond our project. Gary Acromite said that they would like economical detail than what is in the Comp Plan within a five miles of the development site. Robert Mitchell said that the old council wanted the city to grow to 5,000 people so that more state aid money would be available. He said he had talked with other communities and asked if the faster you grow the more money you make, but in fact the faster you grow the more taxes you have. Moved by Acromite, seconded by Zietlow to have Councilmember Ann Thies work with staff and Lundgren Brothers to answer the Planning Commission questions: 1. Information from city budget on impact to the public works department and police department about the development on them; 2. Staff to make traffic count information available; 3. The impact on Lake Medina and environment from tree removal; 4. A wide area impact analysis on Medina and the Hamel area; 5. Direct staff to do a proper economic analysis; 6. Sewer flow rates and impact on sewer. 153 7. Make copies to planning commission and council of the previous analysis. Motion declared carried. 7. MINNETONKA CABLE COMMISSION REPORT - JIM DANIELS Jim Daniels reported that the previous resolution 92-24 adopted by the city council regarding the "Cable Consumer Protection Act of 1991" was sponsored by Gerry Sikorski. He also presented the 1993 budget for Lake Minnetonka Cable Communications Commission, which the council would have to adopt. Moved by Thies, seconded by Mitchell to approve the 1993 LMCC budget as proposed. Motion declared carried. Ann C. Thies who is the council representative to the commission said that there should be an alternate from the community, preferably one who has cable to represent the city on the commission. She said that this could be perhaps included in the next water billing, as they are usually the ones to which cable is available. 8. APPROVAL OF FUND TRANSFERS Laura Monroe said that in going over some audit and budget information with Mark Babcock, the city auditor, he recommended that some fund transfers be done between funds where the bonds have been paid off (special assessment funds) to funds that are there to receive the remaining assessments (capital project funds). An example is the bond fund for the Independence Beach area where the city has paid off the bonds for the improvement, but the assessments are still being paid, and they go into a "revolving" fund for use in the Independence Beach area, if needed. Mark Babcock said that this needs council approval, and is a bookkeeping exercise. Moved by Mitchell, seconded by Acromite to approve the fund transfers as proposed. Motion declared carried. 9. 1993 BUDGET DISCUSSION The council and city staff discussed the first pass at establishing the 1993 budget. They needed to establish a proposed levy and the dates for the public hearing as this has to be sent to the county by September 15, 1992. Moved by Zietlow, seconded by Thies, to set the proposed levy at $998,000. Motion declared carried. Moved by Thies, seconded by Mitchell to set the public hearing date for the budget as December 2, 1992, and the reconvened date as December 9, 1992 each at 7:00 p.m. Motion declared carried. 1993 Assessor's Contract It was decided to include this with the budget discussion on September 16, 1992. 154 10. CLERK TREASURER POSITION Moved by Mitchell, seconded by Thies to extend the offer to Jeff Karlson of the clerk -treasurer position for $31,000 plus benefits. Motion declared carried. 11. HIGHWAY 12 CORRIDOR UPDATE Robert Mitchell said that two councilmembers from the City of Orono had approached him with regard to Medina's position on this study. They said that they had felt that the City of Orono had supported Medina by not supporting the County Road 11 and Highway 55 proposed routes, and they wanted to know Medina's position on the other alternatives, the existing route or the County Road 6 route. Moved by Mitchell, seconded by Zietlow to have Mayor Acromite investigate and make an updated recommendation of the Highway 12 Corridor Study. Motion declared carried. 12. POLICE DEPARTMENT Phil Zietlow explained that one of the reserve officers is trying to obtain a position with Hennepin County, and as yet has been unsuccessful. In order to keep his POST license, he must be employed by a police department. The proposal is to hire this reserve as a full time officer with no pay or benefits, and keep him as a reserve to help him keep his license. He has been a very dedicated reserve officer, and it is to help him out. Ann C. Thies said that she saw some problems with this proposal. Robert Mitchell said that he was uncomfortable with the request with regard to the liability involved. Moved by Mitchell, seconded by Thies to have staff investigate any problems or liabilities for this request and to have a recommendation to the council. Motion declared carried. 13. BILLS Moved by Mitchell, seconded by Thies to approve the bills, order check #11073-11153 for $292,626.11, and payroll checks #12919- 12940, for $15,417.37. Motion declared carried. Moved by Mitchell, seconded by Acromite to adjourn. Motion declared carried. Meeting adjourned 11:35 p.m. Witr,70,?(e Acting Clerk -Treasurer ayor September 1, 1992