HomeMy Public PortalAbout10/05/93 CCM157
ORDER CHECKS - OCTOBER 5, 1993
12418 Boyer 'rucks $ 22,650.00
12419 Delta Dental 641.55
12420 Medica Choice 3,577.92
12421 Farmers State Bank (S.S.) 786.15
12422 Postmaster 500.00
12423 Budget Printing 270.60
12424 Copy Duplicating Products 201.09
12425 Greater N.W. Office of R.E. Assess. 2,367.60
12426 Fortin Hardware 164.65
12427 U.S. West Communications 250.56
12428 Wright/Henn.Electric 936.87
12429 Henn.Co. Gen. Acctg. Div. 593.50
12430 Metro Waste Control Comm. 9,308.00
12431 MPCA 24.00
12432 Minn Comm 38.60
12433 NSP 1,668.75
12434 Minnesota Dept. of Revenue 630.84
12435 P.E.R.A. 1,366.20
12436 Crow River News 109.25
12437 Hamel Building Center 12.35
12438 Commerical Life Ins. 57.55
12439 Univ. of Minnesota 220.00
12440 Quill Corp. 114.95
12441 Minnesota's Bookstore 17.80
12442 Candlelight Floral 25.30
12443 NSP 687.86
12444 James Dillman 96.29
12445 Robert Dressel 75.00
12446 American National Bank 704.64
12447 Midwest Asphalt 40.20
12448 Uniforms Unlimited 44.83
12449 Hamel Fire Dept. 9,923.00
12450 Randy's Sanitation 79.33
12451 Lake Business Supply 42.45
12452 City of Wayzata 1,498.00
12453 Ben Young 75.00
12454 Minnegasco 53.52
12455 Plymouth Supply 61.40
12456 Ellen Herman 2,482.50
12457 City of Edina 63.00
12458 Power Systems 5,100.00
12459 MASWCD 30.00
12460 Allstar Electric 5,507.07
12461 Holmes & Graven 10,403.30
12462 John M. Schoening 2,400.00
12463 Classic Cleaning 191.70
12464 Metro Waste Control Comm. 5,940.00
12465 Cec Vieau 46.11
12466 U.S. West Communications 60.00
12467 Twin City Water Clinic 20.00
12468 E-Z-Recycling 2,070.00
13564
13565
13566
13567
13568
13569
$ 94,129.28
PAYROLL CHECKS - OCTOBER 5, 1993
Anne E. Theis
Ann C. Thies
John B. Ferris
Philip K. Zietlow
James R. Johnson
Wayne C. Wallace
$ 207.79
138.52
138.52
138.52
138.52
959.94
158
PAYROLL CHECKS - OCTOBER 5, 1993 (CONT'D)
13570 Richard R. Rabenort
13571 Michael J. Rouillard
13572 Scott A. Stillman
13573 James D. Dillman
13574 Robert P. Dressel
13575 Edgar J. Belland
13576 Jeffrey E. Karlson
13577 Cecilia M. Vieau
13578 Laura L. Monroe
13579 Sandra L. Larson
13580 Joseph R. Heyman
13581 Benedict E. Young
13582 Farmers State Bank of Hamel (Fed.)
13583 Farmers State Bank of Hamel (S.S.)
13584 Commissioner of Revenue
13585 P.E.R.A.
1,081.51
888.61
942.27
1,048.58
940.99
954.55
857.92
556.52
736.27
664.69
635.04
933.00
2,027.71
786.15
828.38
1,005.52
$16,609.52
159
MINUTES
The City Council of Medina, Minnesota met in regular session on
October 5, 1993 at 7:30 p.m. in the City Hall Council Chambers.
Present: Councilmembers John Ferris, James Johnson, Ann Thies,
Philip Zietlow and Mayor Anne Theis.
Absent: None.
Also Present: Police Chief Rick Rabenort, Public Works Director
Jim Dillman, City Engineers Glenn Cook and Shawn
Gustafson, Zoning Administrator Loren Kohnen, City
Attorney Ron Batty and Clerk -Treasurer Jeff Karlson.
1. ADDITIONS TO AGENDA
Moved by Zietlow, seconded by Thies, to approve the addition of the
following agenda items:
1. Long Lake Fire Contract
2. Loretto Towing Conditional Use Permit
3. Snow Blower Purchase with Park Funds
4. Medina Ballroom/Lions Club Flea Market
5. Old Navajo Road
6. Tri-City Agreement
7. Resolution Granting Final Approval of Walnut Estates
(Consent)
Motion carried unanimously.
2. CONSENT AGENDA
Moved by Thies, seconded by Zietlow, to approve the consent agenda
as follows:
1. Resolution No. 93-67, "Resolution Granting Conditional Use
Permit to C.C.&M Partnership"
2. Resolution No. 93-68, "Resolution Granting Final Approval of
Walnut Estates"
Motion carried unanimously.
3. MINUTES
Moved by Zietlow, seconded by Thies, to approve the minutes of the
regular meeting of September 21, 1993, as amended, as follows:
Page 2, item 6, paragraph 5, to read, "Moved by Ferris,..."
Page 6, item 18, new paragraph 2, to read, "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."
Page 6, item 20, paragraph 2, amended to read, "...underground fuel
oil storage tank if there was a cost savings by putting in a
natural gas heating unit."
160
Motion carried unanimously.
4. LAKE MINNETONKA CABLE COMMISSIONER APPOINTMENT
Linda Deal introduced herself and stated that she would like to
serve on the Lake Minnetonka Cable Commission. Deal said she had
been involved with the Northern Cable Access Network and would like
to become actively involved with cable again.
Moved by Thies, seconded by Ferris, to appoint Linda Deal to the
Lake Minnetonka Cable Commission to represent Medina along with
cable commissioner Ann Thies.
Motion carried unanimously.
5. BILL WAYTAS - ELM CREEK WATERSHED COMMISSIONER
Bill Waytas, Medina's representative on the Elm Creek Watershed
Management Commission, briefly described the amendments to the
Joint Powers Agreement of the Elm Creek Watershed Commission as
proposed by the Commission to update their current Agreement and
Rules. Waytas said the overall intent of the Commission was to
make only those changes necessary to conform with new state
legislation and the adopted rules of the Board of Water and Soil
Resourses. Waytas said the Elm Creek WMO was requesting that each
member city adopt a resolution approving the revised agreement.
Moved by Mayor Theis, seconded by Thies, to adopt Resolution No.
93-69, "Resolution Approving an Amended Joint Powers Agreement for
the Elm Creek Watershed Management Commission, subject to a review
and the approval of the city attorney."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-69 adopted on a 5-aye and 0-nay vote.
6. FRED KELLER PROPOSED SUBDIVISION PLAN
Fred Keller reported on the progress he was making with the Cities
of Orono and Long Lake in his attempt to obtain sewer units for a
17-lot subdivision on land he owned south of Medina Morningside.
Keller said Long Lake was willing to grant him the sewer units he
needed. He said he had been assured that Orono would not object to
the sewage discharge going through Orono. Keller said Long Lake
indicated to him that Medina needed to formally request sewer units
from the City of Long Lake.
City Engineer Glenn Cook said Medina would need to obtain
permission from the Cities of Long Lake and Orono to discharge
sewage from 17 units. Cook said it would be Medina's
responsibility to contact the Metropolitan Council and request a
formal review of the project. Cook added that Medina's
comprehensive plan would have to be amended to accommodate Fred
Keller's proposed subdivision plan.
Councilmember Zietlow said Keller would have to go through a formal
application process beginning with the Planning and Zoning
Commission.
161
Mayor Theis directed Glenn Cook to contact the Metropolitan Council
and initiate discussion on Fred Keller's proposed subdivision plan
and the need for sewer units from Orono or Long Lake.
Moved by Mayor Theis, seconded by Zietlow, to table further
discussion of Fred Keller's subdivision plan until the first
council meeting in November.
Motion carried unanimously.
7. LONG LAKE FIRE CONTRACT
Councilmember Zietlow said the City of Long Lake was agreeable to
making a special provision for the City of Medina to allow Medina
to review its fire protection requirements in more detail before
committing to a three year agreement. Zietlow said the terms of
the agreement allowed for the contract to run for one year through
1996, and if Medina did not ratify the terms of the agreement in
1995 or 1996, the City would not be a Contracting City thereafter.
Moved by Zietlow, seconded by Ferris, to approve the "Agreement and
Contract for Fire Protection" with the City of Long Lake with the
addition of the "Special Provisions for the City of Medina."
Motion carried unanimously.
8. PURCHASE OF SNOW BLOWER WITH PARK FUNDS
City Attorney Ron Batty said he checked into the statutory
limitations of Park Fund money and resolved that the city could use
park funds to purchase a snow blower for maintenance of the parks,
but could not use park money to defray the cost of a new truck.
Batty pointed out that the use of park funds may be more of a
policy question than a legal question.
Councilmember Ferris said park maintenance costs are part of the
cost of running a city and the council should not have to be
concerned about taking money from another fund to pay for the
upkeep of the parks.
Moved by Zietlow, seconded by Mayor Theis, to authorize the
purchase of a snow blower for the parks with funds from the Park
Fund.
Motion carried unanimously.
9. HAMEL MEMORIAL PARK
Ron Batty updated the council on the appraisals of the Finazzo and
Hyberg properties. Batty said he gave the go ahead to Brad
Bjorkland to do the appraisals which would be completed within 90
days.
10. MEDINA BALLROOOM/LIONS CLUB FLEA MARKET
Ron Batty said he would come back to the council with a number of
options on how the city can resolve the issue of the Medina
Ballroom conditional use permit which allowed the Lions Club to
conduct a flea market in their parking lot. Batty said the
ordinance may have been different when the CUP was granted ten
years ago. Batty pointed out that the Medina Ballroom may not have
162
had any authorization to hold the flea market on their property,
but could of gone ahead anyway.
11. LORETTO TOWING CONDITIONAL USE PERMIT
Moved by Zietlow, seconded by Ferris, to table deliberation of the
Loretto Towing conditional use permit until city staff has had an
opportunity to discuss the CUP violations with owner Ron Converse
and his attorney.
Motion carried unanimously.
12. MARIANNE SHARMA - CONDITIONAL USE PERMIT
Marianne Sharma, 2633 Hamel Road, applied for a conditional use
permit for a private dog kennel for up to eight dogs. Zoning
Administrator Loren Kohnen said the area was completely fenced in
and police had not received any complaints from residents. The
planning commission recommended the CUP be approved with ten
conditions.
Moved by Mayor Theis, seconded by Thies, to direct city staff to
prepare a resolution granting approval of a conditional use permit
to Marianne Sharma for a private dog kennel with ten conditions.
Motion carried unanimously.
13. LAUREL AWES - P.U.D. AMENDMENT
Laurel Awes, 4500 Pioneer Trail, requested an amendment to her PUD
which would allow her to board an additional seven horses on her
commercial horse facility which would bring the total capacity to
35 horses. Awes purchased 1.28 acres from the city to increase the
green space.
Councilmember Zietlow asked if the 1/2 acre per horse requirement
still applied.
City Attorney Batty said the city created a PUD--RR2 zoning
district and several conditions were established for Awes' PUD.
Batty said Awes request would be treated as a PUD amendment which
would not require a variance according to the ordinance.
Moved by Thies, seconded by Mayor Theis, to direct city staff to
prepare a resolution granting a PUD amendment to Laurel Awes to
permit the addition of seven horses for her commercial horse
stable, contingent upon the purchase of 1.28 acres from the city.
Motion carried unanimously.
14. JIM DANIELS, LAKE MINNETONKA CABLE COMMISSION
Jim Daniels, administrator of the Lake Minnetonka Cable
Communications Commission (LMCCC), apprised the council of the new
cable rate regulation passed in 1992. Daniels said the LMCCC filed
all the necessary paperwork with the Federal Communications
Commission (FCC) in order to return the regulatory authority of
basic cable service rates to the local cable commission. Daniels
said the LMCCC registered a formal complaint with the FCC
challenging the rate changes announced by Triax Cablevision in
September, 1993. Daniels said the main focus of the commission was
163
to protect the consumer.
Daniels said the most significant change in the proposed 1994
budget was additional expenditures for new programming to cover the
council meetings in two cities. Daniels pointed out that most of
the other line items did not change.
Moved by Thies, seconded by Zietlow, to approve the 1994 proposed
budget of the Lake Minnetonka Cable Commission.
Motion carried unanimously.
15. CSAH 116 TRUNK SEWER AND WATER BIDS
City Engineer Glenn Cook presented the bid tabulations for the CSAH
116 Sanitary Sewer and Water Main Improvement Project. The results
of the Base Bids were as follows:
Low Richard Knutson, Inc. $459,822.50
#2 Dave Perkins Contracting 481,145.00
#3 Barbarossa & Sons, Inc. 544,266.00
#4 Northdale Construction 564,857.50
#5 G.L. Contracting, Inc. 573,041.40
#6 S.R. Weidema, Inc. 593,508.50
#7 S.J. Louis Construction 597,867.00
Cook said the low bid compared favorably with the engineer's
estimate of $460,000. Cook said the base bid, which included the
alignment west of Village Auto Body, provided for floating the pipe
over the poor soils. Cook said there was some risk involved in the
base bid because there was a 10% chance that failure of the pipe
could occur. If this were to happen, piling would need to be
placed to support the pipe at a cost of $77,300 based on Alternate
Bid No. 3. Cook said if the City were to select Alternate Bid No.
3 at the onset of the project, the increase would be $55,814.
Cook said Alternate Bids Nos. 1 and 2 were for other alignments of
the pipeline. Alternate Bid No. 1 was the alignment between
Village Auto Body and Westside Equipment in which the pipe would be
jacked under Highway 55. Based upon the bid amounts, Cook
recommended that the City pursue Alternate Bid No. 2, the easterly
alignment between Westside Equipment and Adam's Pest Control going
across Twin City Monorail. Cook said this alternate provided a
shorter alignment but would result in greater trench depths and
closer working conditions. Cook added that sheeting might be
necessary to protect building foundations adjacent to the trench
and would add $3,010. to the base bid amount.
Cook said Alternate Bid No. 4 provided for construction of lateral
sewer to serve the five residents along County Road 116 and Meander
Road. Alternate No. 5 provided for the construction of lateral
sewer and water mains on Evergreen Drive near the Thorpe
Distributing building. Cook said Alternate Bid Nos. 4 and 5 were
too high and should be rebid.
164
Cook said the council should order an assessment hearing based on
the feasibility study that was done to find out if the five
residents were willing to pay for the sewer line.
City Attorney Batty suggested that he prepare petition and waiver
agreements to get an indication of how serious the residents would
be and save the expense of holding an assessment hearing.
Moved by Ferris, seconded by Thies, to authorize City Attorney Ron
Batty to prepare petition and waiver agreements for the five
residents along County Road 116 and Meander Road.
Motion carried unanimously.
16. SUPPLEMENTAL ASSESSMENT ROLL FOR MEDINA ROAD IMPROVEMENT
City Attorney Ron Batty said the council adopted an assessment roll
for the Medina Road improvement project on February 2, 1993. Batty
said following an appeal by the owners of Lot 6, Block 1,
Tuckborough Farm, a compromise was reached to reduce the assessment
to what it would have been if the city had used its "standard"
assessment policy. The new assessment amount was $2,509.50. Batty
said all the other assessments would remain unchanged.
Moved by Ferris, supported by Mayor Theis, to adopt Resolution No.
93-70, "Resolution Adopting Supplemental Assessment Roll for
Improvement of Medina Road."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-70 adopted on 5-aye and 0-nay vote.
17. SUPPLEMENTAL ASSESSMENT FOR T.H. SANITARY SEWER PROJECT
Ron Batty pointed out that the council executed petition and waiver
agreements in December, 1992, with the seven businesses who would
be served by the T.H. 55 sanitary sewer line. Batty said the
agreements were for the purpose of spreading an additional $182,000
in assessments among those property owners. Batty said the
additional assessments became necessary when the sewer line bids
came in higher than orginally anticipated. The supplemental
assessment roll split the $182,000 among the property owners
according to a formula based on acreage.
Moved by Ferris, seconded by Thies, to adopt Resolution No. 93-71,
"Resolution Adopting Supplementary Assessment Roll for Improvement
Project No. 19053-B for Construction of a Trunk Sanitary Sewer from
the Junction West of Tower Drive Westward Along T.H. 55 to Willow
Drive."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-71 adopted on a 5-aye and 0-nay vote.
18. OLD NAVAJO ROAD
Brad Moen expressed the concerns he and other residents of
Tuckborough Farm had with the closure of "old" Navajo Road. Moen
said the residents of Tuckborough Farm were unified in wanting to
see the old Navajo Road left open. Moen raised safety issues
related to the increased traffic through the intersection of
Carriage Drive and the "new" Navajo Road. He said the traffic flow
165
pattern from the existing neighborhood north of Carriage passed
through Tuckborough by the recreational area and the designated bus
stop. Moen asked what would need to be done in order for the road
to be reopened.
Councilmember Zietlow said the issue should go to the Planning and
Zoning Commission. Zietlow said the Tuckborough Farm homeowners
would have to go through the public hearing process in order for
the reopening of the road to be considered.
City Attorney Batty said the council would also have to hold an
assessment hearing for the cost of reopening "old" Navajo Road.
Moved by Zietlow, seconded by Ferris, to direct Public Works
Director Jim Dillman to delay the removal of blacktop from "old"
Navajo Road until the newly formed Tuckborough Homeowners
Association has had time to submit a formal request to the Planning
Commission that "old" Navajo Road be reopened.
Motion carried unanimously.
19. PAYMENT OF BILLS
Moved by Thies, seconded by Mayor Theis, to approve payment of
Order Check Numbers 12418-12468 for $94,129.28 and Payroll Check
Numbers 13564-13585 for $16,609.52.
Motion carried unanimously.
20. EXECUTIVE SESSION
Mayor Theis announced that the council would be going into
executive session on the basis of attorney -client privilege in
order to discuss the Donald Laurent condemnation award.
Moved by Thies, seconded by Ferris, to close the executive session
at 9:57 p.m.
Motion carried unanimously.
Moved by Thies, seconded by Zietlow, to cross -appeal if Donald
Laurent appeals the condemnation award established by the Court
Appointed Commissioners.
Motion carried unanimously.
21. ADJOURNMENT
Moved by Thies, seconded by Ferris, to adjourn the meeting at 9:58
p.m.
Motion carried unanimously.
ATTEST:
Jeffrt/Karlson,�-Clerk-Treasurer
October 5, 1993
Anne E. Theis, Mayor