HomeMy Public PortalAbout09/21/93 CCM150
MINUTES
The City Council of Medina, Minnesota met in regular session on
September 21, 1993 at 7:30 p.m. in the City Hall Council Chambers.
Present: Councilmembers John Ferris, Ann Thies, Philip Zietlow
and Mayor Anne Theis.
Absent: Councilmember James Johnson.
Also Present: Police Chief Rick Rabenort, Public Works Director
Jim Dillman, City Engineer Shawn Gustafson, City
Attorney Ron Batty and Clerk -Treasurer Jeff Karlson.
1. ADDITIONS TO AGENDA
Moved by Thies, seconded by Zietlow, to approve the addition of the
following agenda items:
1. Approval of plans and specifications for Medina Road
2. Appraisals of Hyberg and Finazzo properties
3. Consideration of Park Commission recommendations
4. Establish special meeting for budget discussion
5. Consideration of a resident's request to serve on the Lake
Minnetonka Cable Commission
Motion carried unanimously.
2. CONSENT AGENDA
Moved by Thies, seconded by Zietlow, to approve the consent agenda
as follows:
1. Approval for city auditors Kern, DeWenter, Viere to begin
auditing the City's financial statements for the year ending
December 31, 1993.
2. Resolution No. 93-63, "Resolution Granting Final Approval for
Walnut Bay"
Motion carried unanimously.
3. BID SPECIFICATIONS FOR FRONT-END LOADER
Moved by Zietlow, seconded by Thies, to adopt Resolution No. 93-64,
"Resolution Approving Bid Specifications for Front -End Loader and
Authorizing Advertisement for Bids."
Ayes: Ferris, Thies, Zietlow and Mayor Theis. Nays: None.
Resolution No. 93-64 adopted on a 4-aye and 0-nay vote.
4. SUBURBAN HENNEPIN REGIONAL PARK DISTRICT - C.U.P.
Moved by Ferris, seconded by Mayor Theis, to adopt Resolution No.
93-65, "Resolution Granting Conditional Use Permit to Suburban
Hennepin Regional Park District for Ranger Public Safety Center at
Baker Park Reserve," contingent upon a receipt of a copy of the
letter to Elizabeth Tillotson which was a condition for approval.
Ayes: Ferris, Thies, Zietlow and Mayor Theis. Nays: None.
Resolution No. 93-65 adopted on a 4-aye and 0-nay vote.
151
5. MINUTES
Moved by Thies, seconded by Mayor Theis, to approve the minutes of
the regular meeting of September 7, 1993 as submitted.
Motion carried unanimously.
6. LONG LAKE CONTRACT FOR FIRE PROTECTION
The council reviewed a revised "Agreement and Contract for Fire
Protection" in which the City of Long Lake would provide fire
protection for the southwest section of Medina for a three-year
period beginning January 1, 1994.
Councilmember Zietlow said Medina's share of Long Lake's 1994 fire
department budget of $121,000 would be $9,518 based on 1993 market
values. Zietlow said Long Lake's budget would be reviewed every
year and the maximum increase would be four percent.
Councilmember Ferris said he favored a one-year contract in case
the city wished to use an alternative approach for fire protection
which would provide better equipment and could be a cost savings.
Zietlow said Long Lake might want to increase Medina's share if
Medina asked for a one-year contract instead of a three-year
contract. He added that a one-year deal would give the city time
to evaluate the fire protection of the city and to consider other
options.
Moved by Ferris, seconded by Mayor Theis, to enter into a one-year
contract for fire protection with the City of Long Lake and request
that Long Lake respond to Medina's request for a one-year contract
with the option of going to a three-year contract the following
year if Medina wished to continue receiving fire protection from
Long Lake.
Ayes: Ferris, Thies and Mayor Theis. Nays: Zietlow.
Motion carried on a 3-1 vote.
7. CONTRACT FOR ASSESSING SERVICES
City Assessors Ann Risch and Rolf Erickson were present to discuss
the 1994 "Contract for Assessing Services."
Ann Risch said that after discussing the proposed change of the
contract date from July 1 to June 30, she and Erickson decided they
preferred to keep the September 1 to August 31 time period because
it coincided with the contract dates they had with other cities and
with their employees. Risch said if the September 1 date was kept,
it would be possible to postpone approval of the actual contract
amount until after the council had approved the city's budget.
Rolf Erickson said the new contract amount of $26,472 reflected a
3.5% increase for new properties and a 2% increase for additional
work that would be required because of new legislation. Erickson
said there was no increase for the cost of doing business.
152
Moved by Thies, seconded by Zietlow, to approve the "Contract for
Assessing Services" in the amount of $26,472, from September 1,
1993 to August 31, 1994.
Motion carried unanimously.
8. TRI-CITY AGREEMENT
Moved by Mayor Theis, seconded by Zietlow, to table discussion on
the Tri-City Agreement until the next meeting on October 5, 1993.
Motion carried unanimously.
9. C.C.&M PARTNERSHIP - CONDITIONAL USE PERMIT
C.C.&M Partnership applied for a conditional use permit for the
property at 300 T.H. 55. The proposed uses included an office for
Cates Construction Co., an "auto flea market," and an occasional
flea market held by the Hamel Lions Club. The council tabled the
application at the September 7, 1993 meeting.
City Attorney Ron Batty said he reviewed the 21 uses allowed by
conditional use permit in the urban commercial district and
concluded that neither the auto flea market nor the regular flea
market was a use which could be allowed by conditional use permit.
Batty said the ordinance intended to exclude highway oriented
businesses from an urban commercial district. Batty said the
council could consider the following options:
1. Grant the conditional use permit for the construction
company office and deny the other segments of the
application;
2. Consider an amendment to the zoning ordinance allowing one
or both of the denied uses as conditional uses in this
district; or
3. Consider rezoning the property to
requested uses are allowed.
Moved by Thies, seconded by Mayor Theis, to
a resolution granting a conditional
Construction Co. for a company office.
Motion carried unanimously.
Moved by Ferris, seconded by Zietlow, to deny C.C.&M Partnership's
request for a conditional use permit for a flea market on the basis
that it is not a permitted use in an urban commercial district.
Motion carried unanimously.
Moved by Zietlow, seconded by Ferris, to direct staff to research
the background information of the conditional use permit granted to
the Medina Ballroom in order for the Hamel Lions Club to conduct a
flea market in the parking lot.
Motion carried unanimously.
a district in which all
direct staff to prepare
use permit to Cates
153
10. DAVID RASKOB - REPLAT
Moved by Thies, seconded by Zietlow, to direct staff to prepare a
resolution granting final approval of a replat of Lots 9 and 10,
Block 10, Independence Beach, subject to the abstract work being
completed.
Motion carried unanimously.
11. LORETTO TOWING - UPDATE OF CUP COMPLIANCE
In a memo to the city council, Zoning Administrator Loren Kohnen
informed the council that they should consider establishing a
hearing date for revocation of the conditional use permit granted
to Loretto Towing. Kohnen pointed out that Loretto Towing appeared
to be ignoring the conditions set forth in the CUP, particularly
the number of vehicles kept outside overnight. In a letter written
to Ron Converse of Loretto Towing, Kohnen said that during a two
month period the number of vehicles parked outside overnight was
over the eight permitted every night except two.
Converse's attorney, Dick Schieffer, said he researched the
background information of the conditional use permit and could not
find a reason given for the limitation on outside parking.
Schieffer pointed out two reasons for the number of vehicles parked
outside exceeding the limit: (1) customers not picking up their
vehicles or dropping them off after hours; (2) the difficulty of
getting the cars in and out of the enclosed parking area during the
warmer months when there was a lot of rain as there was this year.
Schieffer said he would like to see the matter tabled until he and
Ron Converse had an opportunity to work on a solution to the
problem with city staff and come back to the council with a
recommendation.
Moved by Zietlow, seconded by Ferris, to table further discussion
of Loretto Towing's conditional use permit until October 5, 1993.
Motion carried unanimously.
12. MEDINA ROAD IMPROVEMENT PROJECT
Project Engineer Shawn Gustafson said the plans and specifications
for the Medina Road Improvement Project between Hunter Drive and
Tamarack Drive were ready to be approved. Gustafson said the city
could open bids as early as October 15, 1993 and award the bid at
the October 19 meeting. He added that the initial paving could be
done in the fall if the weather was favorable and the final paving
would be done in the spring.
Moved by Thies, seconded by Zietlow, to adopt Resolution No. 93-66,
"Resolution Approving Plans and Specifications and Ordering
Advertisement for Bids for Medina Road Improvement."
Ayes: Ferris, Thies, Zietlow and Mayor Theis. Nays: None.
Resolution No. 93-66 adopted on 4-aye and 0-nay vote.
154
13. PARK COMMISSION RECOMMENDATIONS
At its May 19, 1993 meeting, the Park Commission recommended that
the Park Fund contribute 25%, amounting to $5,500, toward the cost
of a new public works truck costing $22,000. The commission
concluded that the truck would be used for maintenance of the parks
25% of the time. The Park Commission also agreed with Public Works
Director Jim Dillman that $6,000 be budgeted from the Park Fund for
the purchase of a snow blower.
City Attorney Batty questioned whether the city could use Park Fund
money for anything that did not directly improve the parks such as
playground equipment, recreational facilities, trails or the
acquisition of park land. Batty said he should research the status
of the law pertaining to park fund expenditures.
Councilmember Ferris said the council had a responsibility to use
the Park Fund money for the purpose in which it was intended.
Mayor Theis directed Ron Batty to find out what restrictions may
apply to the use of park funds according to Minnesota Statutes.
14. LAKE MINNETONKA CABLE COMMISSIONER OPENING
Mayor Theis said she received a letter from a new Medina resident --
Linda Deal --in which she expressed an interest in serving on the
Lake Minnetonka Cable Commission.
15. ESTABLISHMENT OF BUDGET MEETING
The council established a special budget meeting for Tuesday,
October 26, 1993 at 7:00 p.m. to consider the 1994 budget.
16. APPRAISALS OF FINAZZO AND HYBERG PROPERTIES
City Attorney Batty obtained quotes from three appraisers for an
updated appraisal on the Hyberg and Finazzo properties. Batty said
he had worked with all three in the past and each was reputable.
Batty said there was a trade off between time and money. Batty
said if there were no time constraints, he would recommend Brad
Bjorkland who quoted a low bid of $2,400 for both parcels. The
other two bids were $5,000 and $4,300.
Moved by Ferris, seconded by Mayor Theis, to authorize City
Attorney Ron Batty to contact Brad Bjorkland to have him update the
appraisals of the Hyberg and Finazzo properties at a cost of
$2,400.
Motion carried unanimously.
17. PUBLIC WORKS - STORAGE BIN FOR SALT SAND
Public Works Director Dillman asked for authorization to build a
retaining wall for the storage of up to 200 tons of salt sand
during the winter. Dillman said the city would purchase salt sand
from the City of Orono and return any excess in the spring.
Dillman estimated that the storage bin would cost $1,500.
155
Moved by Ferris, seconded by Thies, to approve the construction of
a storage bin at a cost of $1,500.
Motion carried unanimously.
18. 5-YEAR CAPITAL IMPROVEMENT PLAN
Clerk -Treasurer Karlson distributed a report which projected the
cash amounts of certain funds one to fifteen years ahead based on
anticipated revenues and expenditures. Karlson said the General
Fund should show a cash balance of over two million dollars at the
end of 1993, of which over $600,000 would be unreserved. Karlson
included a reduction of $254,000 in the General Fund for
anticipated capital expenditures in 1993 and 1994.
The council reviewed a list of projected capital improvements and
capital expenditures that staff deemed would be necessary in the
next five years. The council also discussed the addition of a
garage onto city hall. The council agreed that road improvements
were a priority.
19. SQUAD CAR PURCHASE
Councilmember Zietlow recommended that the city re-establish a
replacement program for the squad cars whereby a new squad car
would be purchased evey year.
Moved by Ferris, seconded by Zietlow, to authorize the purchase of
a new squad car for the police department.
Motion carried unanimously.
20. REPLACEMENT OF UNDERGROUND FUEL TANKS
Public Works Director Jim Dillman said there were two underground
fuel tanks that should be replaced at a cost of $55,000. Dillman
said the existing diesel tank also supplied fuel for the furnance
in the shop. Dillman said as of October 1, 1993, the city would be
allowed to use only low sulfur diesel fuel that would cost an
additional 5 to 10 cents per gallon.
Councilmember Zietlow asked why the city would want to install an
underground fuel oil tank if there was a cost savings by putting in
a naturual gas heating unit.
Dillman said the city could spend money on a new heating system
which used natural gas at a cost of $15,000, but he could not say
whether the city would save any money in the long run. Dillman
added that there was also the issue of accessibility to fuel during
off -daylight hours.
The council agreed that the existing heating system for the shop
should not be replaced.
Moved by Thies, seconded by Zietlow, to approve the removal of the
old underground storage tanks and the installation of two 6,000
gallon storage tanks according to EPA standards and specifications.
Motion carried unanimously.
156
21. PAYMENT OF BILLS
Moved by Ferris, seconded by Mayor Theis, to approve payment of
Order Check Numbers 12371-12417 for $138,598.67 and Payroll Check
Numbers 13543-13563 for $16,010.37.
Motion carried unanimously.
22. MEDINA MORNINGSIDE STORM SEWER DITCH
Public Works Director Dillman said the storm sewer ditch at Medina
Morningside was eroding and needed to be filled in and rip rapped
to prevent the ditch from washing out. Dillman said it would cost
between $3,000 to $8,000 to correct the problem. He added that the
only access to the ditch was through Fred Keller's property.
Moved by Zietlow, seconded by Ferris, to approve the cost of
filling in and rip rapping the Medina Morningside storm sewer
ditch; and to direct Public Works Director Dillman to obtain
permission from Fred Keller to go across his property as needed in
order to complete the project.
Motion carried unanimously.
23. ADJOURNMENT
Moved by Thies, seconded by Mayor Theis, to adjourn the meeting at
10:36 p.m.
Motion carried unimously.
Anne E. Theis, Mayor
ATTEST:
September 21, 1993