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Home My Public Portal About10/03/95 CCM157 ORDER CHECKS - OCTOBER 3, 1995 15059 Allstar Electric $ 149.71 15060 American Bank & Trust 377.75 15061 Bayside Floral 46.86 15062 Blitz Foto 14.24 15063 Bonestroo, Rosene, Anderlik 11,723.37 15064 Classic Cleaning 191.70 15065 Commercial Life Ins. 86.35 15066 Commissioner of Revenue 757.83 15067 Delta Dental 669.45 15068 James Dillman 75.00 15069 Robert Dressel 75.00 15070 E-Z-Recycling 2,132.58 15071 ESS Bros. & Sons 274.79, 15072 Farmers State Bank of Hamel 3,358.09 15073 Gary's Diesel 5.20 15074 Greater N.W. Office of R.E. Assess 2,419.22 15075 Hardrives, Inc 47,442.21 15076 Henn. Co. Treas., Acctg. Svcs. 2,337.75 15077 Hennepin County Sheriff 205.51 15078 Hennepin County Treasurer 2,715.82 15079 Kennedy & Graven 6,691.72 15080 Kustom Signals, Inc. 601.72 15081 Lake Business Supply 25.20 15082 League of Minnesota Cities 2,181.00 15083 Medcenters Health Care 2,234.82 15084 Medica 3,330.51 15085 Metro. Council Wastewater Services 8,460.00 15086 Midwest Asphalt 143.85 15087 Minnegasco 66.39 15088 Minnesota Dept. of Revenue 999.00 15089 Mobil 106.00 15090 Northern Hydraulics 163.98 15091 Northern States Power 2,574.4 15092 Northern States Power 718.5 15093 P.E.R.A. 2,388.2 15094 Quill Corp 147.40 15095 Randy's Sanitation 227.70 15096 Reliable 63.25 15097 Steven Scherer 75.00 15098 Snyder Publishing Co 22.00 15099 Southam Business Communication 165.00 15100 Suburban Propane 8.79 15101 True Value Hardware 15102 U.S. West Cellular 15103 U.S. West Communications 15104 Water Pro 15105 Wright -Hennepin Electric PAYROLL CHECKS - OCTOBER 3, 1995 581.13 106.0 359.6 10.6 1,087.40 $108,597.81 14525 Anne E. Theis $207.79 14526 Ann C. Thies 138.52 14527 John B. Ferris 138.52 14528 Philip K. Zietlow 138.52 14529 James R. Johnson 138.52 14530 Steven T. Scherer 859.47 14531 Richard R. Rabenort 1,257.17 14532 Michael J. Rouillard 998.98 14533 Scott A. Stillman 1,025.43 14534 James D. Dillman 1,147.45 l'° 158 PAYROLL CHECKS OCTOBER 3, 1995 (CONT'D) 14535 Robert P. Dressel 1,035.14 14536 Edgar J. Selland 1,022.25 14537 Jeffrey E. Karlson 1,188.63 14538 Cecilia M. Vieau 683.88 14539 Laura L. Sulander 859.45 14540 Sandra L. Larson 719.82 14541 Joseph R. Heyman 788.81 14542 Jon D. Priem 771.80 $13,120.15 159 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 3, 1995 The City Council of Medina, Minnesota met in regular session on October 3, 1995, at 7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided. Members present: John Ferris, James Johnson, Ann Thies, Philip Zietlow, and Mayor Theis. Members absent: Philip Zietlow until 7:51 p.m. Also present: Police Chief Rick Rabenort, Public Works Director Jim Dillman, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, and Clerk -Treasurer Jeff Karlson. 1. Adoption of the Agenda MOVED BY THIES, SECONDED BY MAYOR THEIS, TO ADOPT THE WRITTEN AGENDA WITH THE FOLLOWING ADDITIONS: • Discussion of Drainage Problems at Hamel Legion Park • Resolution Granting a Permit to Minnegasco for Gas Main Installation (Consent) • Discussion of Data Regarding Deer Hill Road NURP Pond • Authorization for Police Chief to Purchase New Squad Car • Set Date for Council/Staff Work Session MOTION PASSED UNANIMOUSLY. 2. Consent Agenda MOVED BY THIES, SECONDED BY MAYOR THEIS, TO ADOPT THE CONSENT AGENDA, AS FOLLOWS: • Resolution No. 95-43, "Resolution Granting Preliminary Approval of the Plat for Hennepin County" • Resolution No. 95-44, "Resolution Approving the Renewal of a Premises Permit to the Loretto Fire Relief Association to Conduct Lawful Gambling" • Resolution No. 95-45, "Resolution Granting a Permit to Minnegasco for Gas Main Installation" • Approval of Time Change for November 7, 1995 Council Meeting from 7:30 P.M. to 8:00 P.M. Because of Elections Being Held in the Orono and Delano School Districts. MOTION PASSED UNANIMOUSLY. 3. Minutes MOVED BY THIES, SECONDED BY JOHNSON, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 19, 1995, AS PRESENTED. MOTION PASSED UNANIMOUSLY. 160 4. Jim Daniels, Lake Minnetonka Communications Commission Jim Daniels, administrator for the Lake Minnetonka Communications Commission (LMCC), gave an update of LMCC activity in the past year. Daniels said since the Commission took over basic cable rates in the last year, they were able to provide a $100,000 refund to cable subscribers. Daniels said there was a bill passed in Congress which takes away a city's right to control city right-of-way's. Daniels said with the expansion of more than one communication provider, cable companies were gearing up for telephone service. Daniels also asked the Council to support the Commission's 1996 budget. He said there was no significant change to their budget for 1996. Phil Zietlow arrived at 7:51 p.m. MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE THE 1996 BUDGET OF THE LAKE MINNETONKA COMMUNICATIONS COMMISSION. MOTION PASSED UNANIMOUSLY. 5. Public Hearing -- Vacation of Drainage and Utility Easement Mayor Theis opened the public hearing at 7:55 p.m. to consider the vacation of a 150 foot drainage and utility easement by the City along the south line of Lot 3, Block 2, Windance, located at 2892 Trappers Trail. The vacation was being considered because of a request from Tom Lundell and Tom Supel for lot split/combination. There were no comments from the public. MOVED BY THIES, SECONDED BY ZIETLOW, TO CLOSE THE PUBLIC HEARING AT 7:56 P.M. MOTION PASSED UNANIMOUSLY. MOVED BY THIES, SECONDED BY JOHNSON, TO AUTHORIZE STAFF TO PREPARE A RESOLUTION APPROVING THE VACATION OF THE 150 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTH LINE OF LOT 3, BLOCK 2, WINDANCE. MOTION PASSED UNANIMOUSLY. 6. Northwest Integrated Park Trail System Ron Batty said he reviewed the resolution endorsed by the Northwest Hennepin League of Municipalities which supported the Northwest Integrated Park Trail System. Batty said by adopting the resolution, the council would be pledging its support of the plan. MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO ADOPT RESOLUTION NO. 95-46, "RESOLUTION SUPPORTING THE DEVELOPMENT OF THE NORTHWEST INTEGRATED PARK TRAIL PLAN." AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 95-46 ADOPTED ON A 5-AYE AND 0-NAY VOTE. 161 7. Mark Roskob -- Conditional Use Permit for Mini -Storage Facility Mark Roskob applied for a conditional use permit to construct a mini -storage facility on his property located at the northeast corner of Highway 55 and Rolling Hills Road. The property was zoned rural commercial. The Planning Commission recommended that the conditional use permit be approved with eleven conditions. MOVED BY JOHNSON, SECONDED BY THIES, TO AUTHORIZE STAFF TO PREPARE A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO MARK ROSKOP FOR A MINI -STORAGE FACILITY WITH THE 11 CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION. MOTION PASSED UNANIMOUSLY. 8. Update on Bill Nunn Loren Kohnen said of the four directives the city council gave to Bill Nunn regarding his land alteration permit around a wetland, only the wetland had been delineated. Gustafson said the engineering firm hired by Nunn to delineate the wetland on a portion of his property appeared to have done a good job of locating and staking the wetland boundary. Gustafson said no wetland had been filled to this point. Gustafson said as far as the Wetland Conservation Act was concerned, Nunn could fill up to the stakes. Anne Theis asked Kohnen if he felt assured that Nunn would take care of everything in the next two weeks. Kohnen said it was doubtful, but he wanted to give Nunn the benefit of the doubt. John Ferris suggested that Kohnen write another letter to Nunn stating that the council would give him another two weeks to come into compliance with the City's requirements. Ron Batty said the hammer the City wielded was revocation of the CUP. He said failure to meet the City's requirements would set into motion the process for revoking Nunn's CUP. 9. Interim Ordinance Regulating Development Activity Within the City Ron Batty pointed out that the City of Medina did not have an ordinance in place that addressed some of the matters that had recently come before the council related to development activities within a wetland. Batty said the City had a wetland ordinance but it was not up to date. He said Medina was facing several wetland issues that required the City to adopt a more modern ordinance. Batty said the City did not have the tools to deal with the applications for land alteration permits that were coming in which involved a large amount of excavation. He said the City should have an 162 ordinance that regulated the removal of large amounts of dirt, heavy trucks on city roads, etc. Batty said Minnesota Statutes allowed cities to adopt an interim ordinance to protect the planning process. The interim ordinance would put a moratorium on any excavation larger than one acre in size within any wetland that was not a public waters wetland and would prohibit the removal of more than 10,000 cubic yards of soil from any parcel of land. Batty said the interim ordinance would be good for one year He said this would give the City enough time to review the current ordinance before having to deal with substantive issues. Jim Johnson asked what this was going to cost the city. Johnson said in the initial discussions with the Minnehaha Creek Watershed District (MCWD), Medina stood to benefit from the MCWD's stormwater management plan. Johnson also asked if the interim ordinance would affect Hennepin County with regard to their public works facility. Johnson raised the issue of a possible lawsuit if the council adopted the ordinance. Shawn Gustafson said it was in the best interest of the MCWD to assist the City in the preparation of a stormwater management plan. Gustafson said Hennepin County would not be affected by either of the two thresholds in the interim ordinance. He said the ordinance would not allow more than 10,000 cubic yards of dirt to be hauled off the property. Since the county had no intention of hauling dirt off their property, the ordinance would not apply in their case. Gustafson said the county had no plans for excavation in a wetland. Batty said there was risk of litigation with any piece of legislation. He said the council should consider the ordinance if they felt it was in the best interest of the public. Batty said Minnesota Statutes allowed cities to take time to enact adequate controls in order to preserve the planning process and the health, safety and welfare of its citizens. Batty said the purpose was to give staff time to look at some of these issues. Batty said, more than likely, staff would be bringing back to the council three or four ordinances dealing with best management practices and other wetland issues. John Ferris agreed that the City needed a good set of ordinances to regulate any activities affecting wetlands in Medina. MOVED BY THIES, SECONDED BY ZIETLOW, TO ADOPT ORDINANCE NO. 286, "AN ORDINANCE REGULATING DEVELOPMENT ACTIVITY WITHIN THE CITY OF MEDINA AND DIRECTING A STUDY TO BE CONDUCTED THEREON." AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. ORDINANCE NO. 286 ADOPTED ON A 5-AYE AND 0-NAY VOTE. 10. Medina Road Street Improvements Shawn Gustafson said the City received six bids for the Medina Road Street Improvement Project from Holy Name Drive to Brockton Lane. The bids were as follows: 163 • Low Hardrives, Inc. $55,035.00 • #2 Buffalo Bituminous $57,440.00 • #3 C.S. McCrossan $58,787.50 • #4 Midwest Asphalt, Inc. $59,302.50 • #5 Driveway Design, Inc. $60,385.00 • #6 Master Asphalt $68,707.50 Gustafson recommended that the City award the project to Hardrives, Inc. in the amount of $55,035. MOVED BY FERRIS, SECONDED BY ZIETLOW, TO ADOPT RESOLUTION NO. 95- 47, RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT OF MEDINA ROAD FROM BROCKTON LANE TO HOLY NAME DRIVE AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO 95-47 ADOPTED ON A 5-AYE AND 0-NAY VOTE. 11. Staff/Council Work Session Jim Dillman said staff wanted to have a special work session with the council to talk about current issues such as the Elm Creek Interceptor and affordable housing. Dillman said he and Loren Kohnen were meeting with a representative of the Metropolitan Council to talk about affordable housing. He said staff needed some direction related to these issues. The council briefly discussed the Elm Creek Interceptor. A meeting date for the work session was not established. 12. Discussion of Ordinance Dealing with Public Right -of -Ways Ann Thies said the council needed to consider adopting an ordinance dealing with current and future use of dedicated right-of-way and city easements in order to improve the City's position of having authority over dedicated easement space Thies pointed out that the issue was important for cities because the communication industry wanted access and occupancy of these lands for free. Thies referred to the remarks made by Thomas Creighton, attorney for the Lake Minnetonka Communications Commission, in a speech delivered at the national NATOA Convention in which he stated that cities had a legitimate public interest in controlling the proliferation of the communications infrastructure through its local control over public rights -of -way. Thies also said the council might want to consider charging utility companies a fee for right-of-way. 13. Drainage Problem at Hamel Legion Park The Park Commission submitted a request asking the council to approve the use of park funds for the Hamel Legion Park to correct drainage problems at the ball field south of the Inn Kahoots parking lot. Jim Dillman estimated that it would cost $9,660.35 to correct the drainage problem. 164 Phil Zietlow said the council made it clear to the Park Commission that the City was not going to keep forking out money for Hamel park. He reiterated that the Park Commission could not keep coming to the council for more money. Jim Johnson said the park funds were to improve the parks. He said the City needed to fix the existing drainage problem at the Hamel park. Shawn Gustafson said the existing drainage problem had to be taken care of sooner or later. Gustafson pointed out that the same drainage pipe would be used for the parking lot in accordance with the park design. Loren Kohnen said when Inn Kahoots paved their parking lot 12 years ago as a condition of their permit, no allowance was made for the runoff. Johnson noted that the Legion Park was turned over to the City in good condition except for the drainage problem. MOVED BY JOHNSON, SECONDED BY FERRIS, TO APPROVE THE USE OF PARK FUNDS NOT TO EXCEED $10,000 TO CORRECT THE STORM DRAINAGE PROBLEM ON THE NORTH SIDE OF HAMEL LEGION PARK. AYES: FERRIS, JOHNSON, THIES, AND MAYOR THEIS. NAYS: ZIETLOW. MOTION PASSED ON A 4-1 VOTE. MOVED BY JOHNSON, SECONDED BY FERRIS, TO PUT A FREEZE ON ANY EXPENDITURES FROM THE PARK FUND FOR HAMEL LEGION PARK FOR A PERIOD OF AT LEAST 12 MONTHS. MOTION PASSED UNANIMOUSLY. 14. Deer Hill Road NURP Pond Shawn Gustafson said Bonestroo completed its technical analysis of the data that was available regarding the Deer Hill Road Pond. Gustafson said the purpose of the analysis was to take a fresh look at the original data, supplement the data with recently developed information and compare it to literature data. The analysis indicated that sufficient information existed to show that the Deer Hill Road Pond might remove only approximately 730 pounds of phosphorus per year as opposed to 1550 pounds of phosphorus as indicated by the Minnehaha Creek Watershed District (MCWD). Gustafson said, based on their analysis, the cost per annual removal capacity was approximately $1,900 per pound. Gustafson said in order to obtain reliable data, continuous monitoring and sampling would have to done at the Deer Hill Road site. He said it would cost around $15,000 to do continuous monitoring for one year with an automatic flow dependent composite sampler Phil Zietlow said once the City had reliable data, they could establish a good partnership with the MCWD and share in the costs and benefits of the project. 165 15, Squad Car Purchase Rick Rabenort said in order to get in on the county bid, he needed to order a 1996 squad car by November. He said the City could save $500 by ordering the new car early. MOVED BY FERRIS, SECONDED BY MAYOR THEIS. TO AUTHORIZE THE PURCHASE OF A NEW SQUAD CAR AT A COST OF $19,000. MOTION PASSED UNANIMOUSLY. 16. Payment of Bills MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE PAYMENT OF ORDER CHECK NUMBERS 15059-15105 FOR $108,597.81 AND PAYROLL CHECK NUMBERS 14525-14542 FOR $13,120.15. MOTION PASSED UNANIMOUSLY. 17. Adjournment MOVED BY THIES, SECONDED BY MAYOR THEIS, TO ADJOURN THE MEETING AT 10:14 P.M. MOTION PASSED UNANIMOUSLY. Anne E. Theis, Mayor ATTEST: Je %Carn, Clerk -Treasurer October 3, 1995