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Home My Public Portal About09/17/91 CCMPAYROLL CHECKS - SEPTEMBER 17, 1991 12363 Wayne C.Wallace $ 917.73 12364 Jill McRae 908.77 12365 Richard Rabenort 1,049.23 12366 Michael Rouillard 414.66 12367 Scott Stillman 676.88 12368 James Dillman 955.19 12369 Robert Dressel 866.18 12370 Edgar Belland 642.28 12371 Cecilia Vieau 275.01 12372 Donna Roehl 1,096.43 12373 Laura Monroe 556.40 12374 Sandra Larson 504.93 12375 Benedict Young 857.12 12376 Danna Nickelson 303.31 12377 Law Enforcement Labor Services 75.00 12378 Hennepin Co. Support & Coll. 472.00 12379 Great West Life 550.00 12380 Farmers State Bank of Hamel (Fed.) 2,041.51 12381 Commissioner of Revenue 766.65 12382 Farmers State Bank of Hamel (S.S.) 670.25 12383 PERA 933.63 $15,533.06 ORDER CHECKS - SEPTEMBER 17, 1991 10041 Marjorie Vigoren $ 382.50 10042 Laura Monroe 52.50 10043 Farmers State Bank of Hamel (S.S.) 670.25 10044 PERA 1,254.33 $2359.58 4 (77 F� The Council of the City of Medina met in regular session on Tuesday, September 17, 1991 at 7:30 P.M. Present: Mayor, Gary Acromite; Councilmembers, Ann Thies, Robert Mitchell, Philip Zietlow; Clerk -Treasurer, Donna Roehl; Public Works Director, James Dillman; Zoning Admin- istrator, Loren Kohnen; Police Chief, Richard Rabenort; Attorney, Ron Batty; Engineer, Glenn Cook 1. ADDITIONAL AGENDA ITEMS Moved by Zietlow, seconded by Acromite to discuss the following additional items: Twinco/Willow Water line special assessment public hearing, 8:00 p.m. Robert Mitchell, conflict of interest Remove release of $5000 escrow to Jim Fenning, from consent agenda Motion declared carried 2. MINUTES OF AUGUST 30, 1991 Moved by Zietlow, seconded by Mitchell to approve the minutes of August 30, 1991, as presented. Motion declared carried 3. MINUTES OF SEPTEMBER 3, 1991 Ann Thies stated that Item 19, Page 120, dollar amount should be $15,000. Moved by Zietlow, seconded by Mitchell to approve minutes of September 3, 1991, as corrected. Motion declared carried * CONSENT AGENDA 4. PUBLIC WORKS DEPARTMENT * Minnegasco Moved by Mitchell, seconded by Zietlow to adopt Resolution 91-71, allowing Minnegasco to install gas mains on Navajo Rd. in Tuckborough Farm. Motion declared carried * Minnegasco Moved by Mitchell, seconded by Zietlow to adopt Resolution 91-72, allowing Minnegasco to install gas mains on Capriole Rd. and Caboline Tr. in Tuckborough Farm. Motion declared carried Holy Name Dr., Truck Traffic Jim Dillman stated that he believed that when construction of houses began in Plymouth, east of Holy Name Dr., the truck traffic would get worse on Holy Name Dr. He stated that he had spoken with the general contractor of the Medina VO. project in Plymouth and they were trying tokeep traffic off of the road and to keep Brockton Ln. watered. He stated that there are some ordinances that the city could enforce, such as posting the road to a lower weight limit or prohibiting trucks. Robert Mitchell stated that prohibiting trucks would eliminate trucks to Medina residents, as well as others. He stated that a plan for protecting the road in the spring should be prepared. Jim Dillman stated that there will be problems the year around. Robert Mitchell stated that trucks have the right to use the road. Anne Theis, Medina Taxpayer, stated that the Holy Name Rd. people get nervous when trucks use the road that they paid to have paved. She asked if it could be posted now. Robert Mitchell stated that staff should work with Plymouth and contractors in the spring, explaining to the that they should use Medina Rd. from the east. Moved by Acromite, seconded by Thies to have Jim Dillman and Rick Rabenort work out a plan to control truck traffic on Holy Name Dr., now and in the spring, when the roads are posted. Motion declared carried Oakview Rd., Improvement Jim Dillman presented a plan for improving Oakview Rd. beginning this fall with patching of the northerly area near the culvert and ending in the summer of 1992 with an overlay that will cost approximately $41,73 with $21,600 to be assessed against affected properties. Robert Mitchell asked if the culvert was the problem. Jim Dillman stated that the problem is the fact that the road is built across the swamp and road fabric and rock were not used when the road was built. Glenn Cook stated that if water runs over the road in the summer everyone would know that the culvert is to small, otherwise it would be a drainage problem into the swamp. Tuckborouqh Farm Escrow Jim Dillman stated that a list of items needed to complete Navajo Rd. in Tuckborough Farm had been given to Jim Fenning and he recommended that the $5000 be held by the city until the items are completed and final inspection is made by the city. Moved by Acromite, seconded by Zietlow to table release of $5000 escrow to Jim Fenning for completion of Navajo Rd. in Tuckborough Farm, until work has been approved by city staff. Motion declared carried 5. HAMEL BUSINESS REPRESENTATIVE Gary Acromite reported that he had given a written list of answers to a number of questions that had been presented by the Hamel businesses and had told them that the comments were his, not necessarily those of the full council. Regg Pederson stated that he was chairman of the group and thought it was a very good meet- ing and that he will be soliciting further questions from businesses for the mayor. 6. PLANNING AND ZONING DEPARTMENT Randy Mayer, Car Wash Conditional Use Permit Randy Mayer discussed the letter that he had written in which he requested 1000 gpd water usage rather than 750 gpd that he would be allowed under the new comprehensive plan. He stated that he would like to be able to wash 100 cars per day which would then make his investment profitable. He reported that Metro Waste will charge him for 6 SAC units, which is for more water than the 750 gpd the city is allowing him to use. Gary Acromite stated that if a low water usage facility is used he had calculated that more than 100 cars could be washed each day with the 750 gpd formula. Robert Mitchell stated that the proposed resolution approving the project did not include a specific car wash and perhaps specifications should be attached to the approval. Randy Mayer asked if he could have the number of SAC units reduced. Gary Acromite stated that the city 'could not make a decision on the SAC units and that if the city wants more people moving into the sewered area then they will need to develp accord- ing to a plan. Randy Mayer stated that the businesses to the west have problems because their businesses grew and because their business helped to pay for the sewer a long time ago he did not want to be penalized if he wanted to increase his business. He asked if others will need to go through the expense of metering sewer if he installs a meter. Gary Acromite stated that the city has not imposed conditions for output metering although the Metro Council wants the city to demonstrate how they will control sewer usage. He asked if it would be possible to estimate how much, water will be going into the sewer system from the car wash. Robert MitAil stated that the city has discouraged high water users since infiltration was corrected and when the comprehensive plan was amended the council wanted to provide a bail- out for the businesses along the highway and he has always wondered if that should have been done Randy Mayer stated that he thought the city was asking for additional units, not taking away from those who had already paid into the system. Moved by Mitchell, seconded by Thies to table the Randy Mayer application until usage amounts have been calculated and Glenn Cook and Gary Acromite work with Randy Mayer on the con- ditional use permit. Motion declared carried Tuckborouqh Farm, Fifth Addition Moved by Mitchell, seconded by Zietlow to adopt Resolution 91-73, granting preliminary subdivision approval to Tuckborough fArm, Fifth Addition as proposed by Jim Fenning. Motion declared carried * Delano Deitz,Subdivision Moved by Mitchell, seconded by Zietlow to adopt Resolution 91-74, granting approval to Delano Deitz to subdivide property on Medina Rd. Motion declared carried * Mohawk Estates, Subdivision Moved by Mitchell, seconded by Zietlow to adopt Resolution 91-75, granting final subdiv- isiion approval to Mohawk Estates proposed by Harold Pederson. Motion declared carried 7. LORETTO FIRE DEPARTMENT PULL TAB LICENSE Council reviewed the list of Loretto fire department pull tab profits and expenditures. Expenditures listed were for fire fighting equipment. Moved by Acromite, seconded by Mitchell to approve the Loretto Fire department pull tab license at the Big Woods Saloon and to request an annual financial report and list of con- tributions from all pull tab license holders, as council is interested in having profits spent in the local trade area. Motion declared carried Council7also discussed rules which allow a city to receive 10% of the pull tab profits but found that they could not be used for general city purposes. 8. TWINCO/WILLOW DR. WATER LINE PUBLIC HEARING , 8:30 P.M. Glenn Cook stated that Twinco had agreed to the assessment for the Willow Dr. water line project at the time their building project was approved in 1990. He stated that the assessment was $26081.50 for the line which was constructed from the anderson Co. to the Twinco outlot. Moved by Mitchell, seconded by Thies to close the Public Hearing. Motion declared carried Public Hearing was closed at 8:32 P.M. Moved by Mitchell, seconded by Zietlow to adopt Resolution 91-76, special assessment roll for the Twinco/Willow dr. water line. Motion declared carried 9. SEWER USAGE ORDINANCE Ron Batty explained some of the main sections in the newly prepared sewer usage ordinance. He stated that there are lists of commercial and industrial uses that will be allowed and there now is a Highway Commercial and Highway Industrial zone as the existing purpose of the ordinance is for highway oriented businesses to be located in a rural area and non - highway businesses to be located in a sewered area. Gary Acromite asked if rezoning would be contingent upon sewer availibility or upon the sewer service boundary. Ron Batty stated that nothing should be done until sewer becomes available. Philip Zietlow asked if this is spot zoning. Ron Batty stated that with a new category of highway zoning there would be fewer problems. Gary Acromite asked if it is necessary to explain to Metro Council that the city is trying to eliminate problems. Robert Mitchell stated that service type businesses should be built near Hamel and others along the highway. Regg Pederson asked if the 100 gpd sewer limit is a change from the existing limit as that would minimize the use of the property that they own along Highway 55. Gary Acromite stated that the formula is 100 gpd, per acre.4„ -L.- Glenn Cook stated that 50% of the soils must be left undisturbed. Gary cromite asked how non conforming uses were handled. Ron Batty stated that if a business was 50°% destroyed it could not be rebuilt and .no expansion is allowed so there could be financing problems for a business. Robert Mitchell asked if the ordinance was close enough to being approved so that it could be sent to Metro Council in response to there question as to how growth would be controlled along the highway. Moved by Mitchell, seconded by Zietlow to send the draft of the sewer usage ordinance to Metro Council and to the Planning Commission with comments regarding the cities control of growth through the ordinance. Motion declared carried 10. DOGS AT LARGE, ORDINANCE Ron Batty explained the the ordinance change regarding dogs resulted from a dangerous dog situation in which a judge stated that the cities ordinance regarding dogs at large was unconstitutional, so the words "knowingly" and !negligently," were added. Moved by Thies, seconded by Mitchell to adopt Ordinance # 256, Dogs At Large Ordinance. Motion declared carried 11. TAX INCREMENT PROJECTS Glenn Cook presented capital improvement list for tax increment districts and general city projects. Ron Batty stated that he and Jeanne Vanda of Ehlers and Associates would put together the financial information and a determination if projects are eligible for tax increment. Gary Acromite stated that a staff meeting should be scheduled to review the information. * 12. LORETTO STATE BANK Moved by Mitchell, seconded by Zietlow to designate the Loretto State Bank as an official depository for the purpose of investing funds. Motion declared carried 13. CONFLICT OF INTEREST Robert Mitchell explained the business relationship between his law firm, Lindquist and Vennum, Lundgren Bros.and:Wally-Doerr and his family relationship to Steve Pflaum who works for the law firm of Leonard, Street and Deinard who also represent Lundgren Bros. Each council member present expressed the opinion that they did not believe there was:a conflict of interest. Gary Acromite stated that the item should be carried over to the next regular meeting agenda so as to allow Wilfred Scherer the time to express his opinion. Moved by Acromite, seconded by Zietlow to discuss the Robert Mitchell conflict of interest matter at the October 1, 1991 council meeting. Motion declared carried 14. PAYMENT OF BILLS Moved by Zietlow, seconded by Thies to pay the bills; Order Checks # 10041-10044 in the amount of $2,359.58 and Payroll Checks # 12363-12383 in the amount of $15,533.06. Motion declared carried Moved by Thies, seconded by Zietlow to adjourn. Motion declared carried Meeting adjourned at 9:50 P.M. Clerk -Treasurer September 17, 1991