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HomeMy Public PortalAbout10/04/94 CCM143 ORDER CHECKS - OCTOBER 4, 1994 13732 A T & T $ 152.11 13733 Advantage Paper 78.49 13734 Allstar Electric 371.12 13735 American Bank 817.00 13736 Earl F. Anderson 843.50 13737 Banyon Data Systems 177.50 13738 Chippewa Topsoil 133.13 13739 Classic Cleaning 191.70 13740 Commercial Life Ins. Co. 81.30 13741 Commissioner of Revenue 728.62 13742 Copy Duplicating Products 146.67 13743 Delta Dental 624.30 13744 E-Z-Recycling 2,070.00 13745 Equal Net 35.63 13746 Farmers State Bank of Hamel 3,181.85 13747 Feed Rite Controls 388.96 13748 Glenwood Inglewood 57.10 13749 Goodyear Auto Service 257.06 13750 Grainger 469.77 13751 Greater N.W. Office of R.E. Assessors 2,649.20 13752 Henn. Co. Treasurer, Acctg. Svcs. 839.00 13753 Hennepin County Treasurer 2,740.29 13754 Holmes & Graven 5,485.03 13755 G.D. LaPlant Sanitation, Inc. 24.21 13756 Lake Business Supply 270.96 13757 Long Lake Glass 94.85 13758 Long Lake Tractor & Equipment 20.26 13759 Loretto Auto Recondition 613.13 13760 Medica 3,330.51 13761 Metropolitan Waste Control 8,312.00 n 13762 Midwest Automotive 426.37 13763 Minn Comm 38.60 13764 Minn. Chief's of Police 12.43 13765 Minnegasco 31.34 13766 Minnesota State Treasurer 1,373.14 13767 North Memorial Medical Center 43.90 13768 Northern States Power 3,064.02 13769 Northern States Power 649.02 13770 Orono Baseball Assn. 5,000.00 13771 P.E.R.A. 8,359.02 13772 Postmaster 800.00 13773 Quill Corp. 147.36; 13774 Randy's Sanitation 146 /`3 13775 Rigs & Squads, C/O Commercial Factors 1..76 13776 Sewerman, Inc. 0.00 13777 Southam Business Communications 151.80�\ 13778 T.L. Stevens Well Co., Inc. 180.80y 13779 Steven M. Tallen 3,007.79'� 13780 Tri State Pump 1,787.52 13781 Twin City office 94.84 13782 Twin City Water Clinic 40.00 13783 U.S. West Cellular 37.98 13784 U.S. West Communications 304.37 13785 Warning Lites 130.62 13786 Weekly News 58.00 13787 Westside Wholesale Tire 69.52 13788 Wright Hennepin Electric 1,007.62 $ 62,509.30 144 14071 14072 14073 14074 14075 14076 14077 14078 14079 14080 14081 14082 14083 14084 14085 14086 14087 14088 PAYROLL CHECKS - OCTOBER 4, 1994 Anne E. Theis Ann C. Thies John B. Ferris Philip K. zietlow James R. Johnson Steven T. Scherer Richard R. Rabenort Michael J. Rouillard Scott A. Stillman James D. Dillman Robert P. Dressel Edgar J. Belland Jeffrey E. Karlson Cecilia M. Vieau Laura L. Sulander Sandra L. Larson Joseph R. Heyman Jon D. Priem $ 207.79 138.52 138.52 138.52 138.52 767.34 1,152.44 934.84 965.76 1,113.33 1,016.79 924.72 1,094.34 625.61 811.75 696.24 742.22 694.92 $12,302.17 145 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 4, 1994 The City Council of Medina, Minnesota met in regular session on October 4, 1994 at 7:30 p.m. in the City Hall Council Chambers with Mayor Anne Theis presiding. Members Present: John Ferris, James Johnson, Ann Thies and Mayor Theis. Members Absent: Philip Zietlow. 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 Ferris, seconded by Thies, to adopt the agenda with the following additions: A. Discussion of Letter from Loretto Mayor Tom Van Beusekom B. Fred Keller Request for Comprehensive Plan Amendment C. Loretto's Discharge of Contaminated Water into Sewer Ponds D. Discussion of New Format for Medina's Newsletter Motion passed unanimously. 2. CONSENT AGENDA Moved by Thies, seconded by Ferris, to approve the consent agenda, as follows: A. Resolution No. 94-65, "Resolution Granting a Permit to Minnegasco, Inc. for gas main installation." B. Approval to Execute Curbside Recycling Contract Extension with E-Z Recycling Motion passed unanimously. 3. APPROVAL OF MINUTES Moved by Ferris, seconded by Mayor Theis, to approve the minutes of the regular meeting of September 20, 1994, as amended, as follows: Page 2, item 10, line 1, to read, "...the road easement --shown as Brook Street --toward Henderson's property." Motion passed unanimously. 4. JIM DANIELS, LAKE MINNETONKA CABLE COMMISSION Administrator Jim Daniels said the Lake Minnetonka Cable Commission had accomplished it primary goal in 1994 to lower cable subscriber rates. Daniels said rates would be substantially reduced beginning in October, 1994. Daniels said rate regulation was retroactive to September 1, 1993, meaning that cable subscribers would be receiving two months' worth of credit on their account. Daniels added that the LMCC was dealing with proposed legislation in Congress that would create the potential for cable service competition amongst several providers. 146 Daniels said the 1995 budget figures were nearly identical to the 1994 figures. Moved by Thies, seconded by Ferris, to approve the Lake Minnetonka Cable Commission's budget for 1995. Motion passed unanimously. 5. ADDISON AND CYNTHIA PIPER - C.U.P. FOR PRIVATE KENNEL Addison and Cynthia Piper, 2505 Willow Drive, requested a conditional use permit for a private kennel for up to six dogs. The Planning Commission recommended approval with ten conditions. Moved by Thies, seconded by Mayor Theis, to direct staff to prepare a resolution granting a conditional use permit to Addison and Cynthia Piper for a private dog kennel with ten conditions as recommended by the Planning Commission. Motion passed unanimously. 6. CHERYL BAZINET - C.U.P. FOR OVERSIZED ACCESSORY STRUCTURES Cheryl Bazinet, 3003 Hamel Road, requested a conditional use permit to construct a machine shed and an addition to the existing barn. Bazinet was also considering a loafing shed. The Planning Commission recommended approval for either two or three accessory structures, provided the total square footage did not exceed 5350, along with four other conditions. Moved by Thies, seconded by Johnson, to direct staff to prepare a resolution granting a conditional use permit to Cheryl Bazinet for oversized accessory structures with five conditions as recommended by the Planning Commission. Motion passed unanimously. 7. AN ORDINANCE AMENDING SECTIONS 825, 826 AND 827 David Licht of Northwest Associated Consultants explained the ordinance revisions that were made to Sections 825, 826 and 827 of the Medina City Code. Licht said the proposed changes were necessary to properly address Hennepin County's proposed public works facility. Licht said although the Hennepin County project had prompted the proposed changes, the modifications were intended to be generic in nature. He said the present ordinance allowed for a Planned Unit Development (PUD) only through a rezoning. Licht recommended two different approaches: (1) a PUD Zoning District for highly complex projects where a mix of uses is involved; and (2) a PUD conditional use permit which would be applicable only in cases where "design" modifications are being sought. Licht also pointed out that the draft ordinance, unlike the existing regulations, did not set a minimum size for a PUD. Licht said size limitation was an undue restriction to flexibility and provided no real protection not otherwise available. Licht also noted that a PUD as a conditional use permit required only a simple majority of the Council for passage, whereas, the current ordinance and PUD Zoning District required a two-thirds (four -fifths) vote of the Council for approval. Licht said the uses in a PUD are spelled out very clearly via the development contract. He said hard and fast criteria specify the performance standards which must be complied with. 147 Mayor Theis asked if removing the minimum size of a PUD would set a precedent that could open the door for other problems. Licht said he had never encountered a problem where minimum size was not required for a PUD. Moved by Thies, seconded by Johnson, to adopt Resolution No. 280, "An Ordinance Amending Sections 825, 826 and 827 of the City's Zoning Ordinance to Include a Definition for and Revised Planned Unit Development Provisions." Ayes: Ferris, Johnson, Thies and Mayor Theis. Nays: None. Ordinance No. 280 adopted on a 4-aye and 0-nay vote. 8. T.H. 55 & CO. RD. 101 TRAFFIC CONTROL SIGNAL AGREEMENT Shawn Gustafson said he reviewed the Traffic Control Signal Agreement related to the installation of signal lights on Trunk Highway 55 and County Road 101 (Sioux Drive). The construction cost was estimated at $80,000, which included State furnished materials and street lights. The State's share was 50 percent, the County's share was 25 percent, and the City's share was 25 percent. There was a question about the County's and City's share, based on the final payment to the Contractor and an additional eight percent of each respective final share for the cost of engineering and inspection. Ron Batty said he interpreted the provision to mean that the City would be assessed an additional eight percent for the cost of engineering and inspection and not an additional eight percent for construction costs. The City would be responsible for 25 percent of the actual bid prices. Based on the construction estimate of $80,000.00, the City's share would be $21,600. Moved by Ferris, seconded by Mayor Theis, to approve "Traffic Control Signal Agreement No. 72688 Between the State of Minnesota, Department of Transportation, and the County of Hennepin and the City of Medina" in the amount of $21,600 as specified in the agreement. Motion passed unanimously. 9. MEDINA ROAD STREET IMPROVEMENTS City Engineer Shawn Gustafson provided a summary of the results of the six bids received by the City for the Medina Road Street Improvements between Tamarack Drive and County Road 24. The bids were as follows: Low Hardrives, Inc. $208,100.00 #2 Buffalo Bituminous, Inc. $208,372.50 #3 Driveway Design, Inc. $231,589.00 #4 Northwest Asphalt, Inc. $232,599.50 #5 Valley Paving, Inc. $233,129.00 #6 C.S. McCrossen $307,780.00 The Engineer's estimate for the project was $241,000.00. Gustafson recommended that the City award the project to Hardrives. 148 Moved by Johnson, seconded by Thies, to adopt Resolution No. 94-66, "Resolution Accepting Bid and Awarding Contract for Improvement of Medina Road." Ayes: Ferris, Johnson, Thies and Mayor Theis. Nays: None. Resolution No. 94-66 adopted on a 4-aye and 0-nay vote. 10. WAIVER OF NON-RESIDENT HUNTING FEE FOR LORETTO RESIDENTS The Council reviewed a letter from Loretto Mayor Tom Van Beusekom in which he requested that an exception be made for Loretto residents in regard to the non-resident hunting fee being charged by the City of Medina. Van Beusekom pointed out that Loretto had served the needs of Medina residents through recreational and organized youth athletic programs without regard to residency. Moved by Thies, seconded by Johnson, to waive the non-resident hunting fee for Loretto residents. Motion passed unanimously. 11. LORETTO'S DISCHARGE OF CONTAMINATED WATER INTO SEWER PONDS Mayor Theis informed the Council that Loretto had recently discharged 99,000 gallons of contaminated water from an abandoned well into their sewer ponds which are located in Medina. Theis said the sewer ponds are discharged twice a year with a MPCA permit which runs into the Pioneer -Sarah Creek Watershed. Theis said Loretto should let Medina know when this kind of activity is going on. John Ferris said the City should verify that contamination had occurred and then write a letter to Loretto requesting an explanation. Ferris said if Medina was denied access to the files, the City should consider taking action against Loretto. 12. FRED KELLER REQUEST FOR COMPREHENSIVE PLAN AMENDMENT Jim Johnson asked what was happening with Fred Keller's proposal for a cemetery. Johnson also asked if a consultant should be hired to review the cemetery proposal. Loren Kohnen said city staff had contacted the Met Council to discuss Keller's original proposal to develop a 17-unit subdivision. Mayor Theis said she had recently talked to Met Council representative Roger Scherer, who said the Met Council's new philosophy was to create denser developments. Scherer conveyed to her that 17 units might be too few lots for that size of a development. Theis said the Met Council was proposing to conduct meetings with each city to discuss the concerns of each individual city. Fred Keller said there was no time limitation on the comprehensive plan amendment as long as it kept moving forward. Kohnen said the Long Lake City Council had not approved the allocation of sewer units for Keller's proposed residential development. 149 Keller responded that the reason for this was because no one from Medina had asked for the sewer units. Keller said he had talked to a Met Council staff person who said his project might not require a comprehensive plan amendment. Johnson said if the City had to allow a cemetery, what conditions would the City require. Johnson said the City would need professional input in establishing conditions if the cemetery continued to move forward. He asked David Licht of Northwest Associated Consultants what it would cost to gather the necessary information. Licht said he could not determine the cost without reviewing the proposal. Johnson asked if the Council wanted to proceed with establishing conditions for the cemetery. John Ferris said the Council should wait another month to see how much progress could be made with the Met Council toward a comprehensive plan amendment for Keller's proposed subdivision. The Council asked David Licht to put together a cost estimate for consultation services related to Fred Keller's proposed cemetery. 13. CITY NEWSLETTER Jeff Karlson said city staff had been talking about changing the format of the city newsletter. Karlson suggested that the City enhance the newsletter and send it out only twice a year instead of quarterly with the current one page format. Ann Thies said the newsletter should go out at least three times a year. She suggested the City ask for a volunteer to be the editor of the newsletter. 14. PAYMENT OF BILLS Moved by Ferris, seconded by Mayor Theis, to approve payment of Order Check Numbers 13732-13788 for $62,509.30 and Payroll Check Numbers 14071-14088 for $12,302.17. Motion passed unanimously. 15. ADJOURNMENT Moved by Thies, seconded Mayor Theis, to adjourn the meeting at 9:00 p.m. Motion passed unanimously. Anne E. Theis, Mayor ATTEST: J=gV' E Karlson, Clerk -Treasurer October 4, 1994