HomeMy Public PortalAbout11/07/95 CCM173
ORDER CHECKS - NOVEMBER 7, 1995
15161 A T & T $ 202.19
15162 Adam's Pest Control 58.58
15163 Allstar Electric 74.08
15164 American Bank & Trust 200.00
15165 American Public Works Assn 110.00
15166 B & B Products 30.00
15167 Banyon Data Systems 100.00
15168 Bonestroo, Rosene, Anderlik 29,930406
15169 Bryan Rock Products 514.74
15170 Central Contractors Supply 615.57
15171 Classic Cleaning 191.70
15172 Commercial Life Ins. Co. 86.35
15173 Commissioner of Revenue 1,332.84
15174 Crow River News 74.20
15175 Dalco Roofing 167.00
15176 Davies Water Equipment 1,008.04
15177 Delta Dental 620.05
15178 Ditter, Inc. 5,000.00
15179 Dri Dek Corp 132.93
15180 E-Z-Recycling 2,132.58
15181 Farmers State Bank of Hamel 5,612.82
15182 Feed Rite Controls 419.32
15183 Glenwood Inglewood 53.50
15184 Goodyear Auto Service 181.00
15185 Grafix Shoppe 468.31
15186 Greater N.W. Office of R.E. Assessors 2,326.00
15187 Hamel Building Center 160.29
15188 Harco 410.00
15189 Jim Hatch Sales 364.74
15190 Hennepin Co. Treas., Voter Reg 5.76
15191 Henn.Co. Treas., Acctg.Svcs. 2,398.84
15192 Hennepin County Sheriff 30.75`'"
15193 Henry & Associates 864.78
15194 Jude Wholesale/Advantage Paper 32.65
15195 Kennedy & Graven 11,212.70
15196 Lathrop Paint 388.64
15197 M.E.M.A. Treasurer 25.00
15198 MedCenters Health Care 2,234.82
15199 Medics 3,330.51
15200 Metropolitan Council Wastewater Svcs.(Treatment Chgs.) 8,460.00'
15201 Metropolitan Council Wastewater Svcs.(SAC Chgs.) . . . 1,683.00
15202 Midwest Asphalt Corp 128.43
15203 Midwest Automotive 786.86
15204 Minnegasco 97.74
15205 Minnehaha Creek Watershed 21.30
15206 Minnesota's Bookstore 50.80
15207 Mothers Motors/Loretto Towing 12.00
15208 North Memorial Medical Center 8.00
15209 Northern states Power 2,033.83
15210 Northern States Power 709.2
15211 Northwest Assoc. Consultants 45.5
15212 City of Orono 243.7
15213 P.E.R.A. 12,892.25
15214 Postmaster 500.00
15215 Randy's Sanitation 153.80
15216 Reynolds Welding 60.54
15217 Streicher's 60.54
15218 Tech Sales Co. 239.63
15219 Twin City Office 55.00
15220 U.S. West Cellular 185.51
15221 U.S. West Communications 319.08
15222 U.s. West Communications 95.30
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ORDER CHECKS - NOVEMBER 7, 1995 (CONT'D)
15223 Viking Fence 3,980.00
15224 Viking Safety Products 24.50
15225 Warning Lites 149.94
15226 Waterpro supplies Corporation 3,583.73
15227 Wright Hennepin Security Svcs. 35.41
15228 Wright -Hennepin Electric 955.01
15229 zep Manufacturing 82.74
$110,754.76
PAYROLL CHECKS - NOVEMBER 7, 1995
14556 Steven T. Scherer $ 859.47
14557 Richard R. Rabenort 1,457.17
14558 Michael J. Rouillard 1,020.98
14559 Scott A. Stillman 1,090.33
14560 James D. Dillman 1,229.05
14561 Robert P. Dressel 1,026.80
14562 Edgar J. Belland 1,113.99
14563 Jeffrey E. Karlson 1,188.63
14564 Cecilia M. Vieau 683.88
14565 Laura L. Sulander 859.45
14566 Sandra L. Larson 733.25
14567 Joseph R. Heyman 806.06
14568 Jon D. Priem 771.80
14569 Anne E. Theis 207.79
14570 Ann C. Thies 138.52
14571 John B. Ferris 138.52
14572 Philip K. Zietlow 138.52
14573 James R. Johnson 138.52
14574 Steven T. Scherer 474.23
14575 Richard R. Rabenort 1,257.17
14576 Michael J. Rouillard 998.98
14577 Scott A. Stillman 1,025.43
14578 James D. Dillman 1,147.45
14579 Robert P. Dressel 574.52
14580 Edgar J. Belland 1,022.25
14581 Jeffrey E. Karlson 657.33
14582 Cecilia M. Vieau 399.48
14583 Laura L. Sulander 461.33
14584 Sandra L. Larson 428.27
14585 Joseph R. Heyman 788.81
14586 Jon D. Priem 771.80
$23,609.78
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MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 7, 1995
The City Council of Medina, Minnesota met in regular session on November 7, 1995, at
8:00 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided
Members present: John Ferris, Jim Johnson, Ann Thies, Phil Zietlow, and Mayor Anne
Theis.
Members absent: None.
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 ZIETLOW, TO ADOPT THE WRITTEN AGENDA
WITH THE FOLLOWING ADDITION:
• AFFIRM DATE FOR COUNCIL/STAFF WORK SESSION
MOTION PASSED UNANIMOUSLY.
2. Consent Agenda
MOVED BY JOHNSON, SECONDED BY THIES, TO ADOPT THE CONSENT
AGENDA, AS FOLLOWS:
• RESOLUTION NO. 95-55, "RESOLUTION GRANTING FINAL PLAT APPROVAL
OF TAMARACK PINES"
MOTION PASSED UNANIMOUSLY.
3. Minutes
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO APPROVE THE MINUTES
OF THE REGULAR MEETING OF OCTOBER 17, 1995, AS SUBMITTED.
4. Hearing to Consider Fee Increase for On -Sale Intoxicating Liquor Licenses
Owners of liquor establishments in Medina were notified that on -sale intoxicating liquor
licenses were going to be increased, as follows: Class A from $4,831 to $6,000;
Class B from $4,186 to $5,000; and Class C from $3,704 to $4,000. The reason for the
proposed increase was to help defray the rising cost of police work as a result of liquor
consumption and to bring the fees in line with what other neighboring cities were
charging.
Bob Raskob of the Medina Entertainment Center commented that his liquor receipts
had dropped twelve and a half percent since 1992. Raskob did not feel that the large
fee increase was justifiable.
Phil Zietlow expressed the opinion that if there was no liquor consumption in Medina,
police expenses would be reduced considerably.
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John Ferris said the issue was the cost of the licenses compared to other neighboring
communities. Ferris pointed out that Medina's on -sale liquor licenses were much less
than other cities.
Jim Johnson suggested that the fees be lowered to $5,500, $4,500, and $4,000.
MOVED BY THIES, SECONDED BY FERRIS, TO CLOSE THE HEARING AT 8:17
P.M. MOTION PASSED UNANIMOUSLY.
MOVED BY JOHNSON, SECONDED BY FERRIS, TO INCREASE THE ON -SALE
INTOXICATING LIQUOR LICENSE FEES, AS FOLLOWS:
• CLASS A: A LICENSED PREMISE IN EXCESS OF 9,000 SQUARE FEET IN AREA
-- $5,500
• CLASS B: A LICENSED PREMISE IN EXCESS OF 3,000 SQUARE FEET, BUT
LESS THAN 9,000 SQUARE FEET IN AREA -- $4,500
• CLASS C: A LICENSED PREMISE LESS THAN 3,000 SQUARE FEET IN AREA --
$4,000
MOTION PASSED UNANIMOUSLY.
5. Lundgren Bros. Construction -- Reduction of Financial Guarantee
Shawn Gustafson said Lundgren Bros. Construction was requesting a reduction of their
financial guarantee to reflect work completed through the middle of October.
Gustafson said the site grading and utilities had been completed and the street work
was approximately 85 percent complete. He recommended that the council reduce the
financial guarantee from $365,850 to $101,850.
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO APPROVE THE
REDUCTION OF LUNDGREN'S FINANCIAL GUARANTEE TO $101,850. MOTION
PASSED UNANIMOUSLY.
6. Extension of Filing Deadline for Debrowski Plat
Loren Kohnen reported that Tom and Vickey Debrowski were requesting a six-month
extension to file the plat for Regina Estates because the sale of the lot had fallen
through. Kohnen recommended that the six-month extension be approved.
MOVED BY JOHNSON, SECONDED BY THIES, TO GRANT A SIX-MONTH FILING
EXTENSION FOR THE PLAT OF REGINA ESTATES. MOTION PASSED
UNANIMOUSLY.
7. Don Kariniemi -- Request for Replat, Variances, and Conditional Use Permit
Loren Kohnen said Kariniemi Properties (Prolux Sauna & Steam), 62 Hamel Road,
wished to combine two parcels in order to build a 5800 square foot office/shop building.
Kohnen said the proposed building location required two side yard variances of 20 feet
and a front parking lot setback variance of ten feet. The hardship for the variance was
177
the size of the lot. Kohnen noted that the Planning Commission had recommended that
the application be denied.
Mayor Theis revealed that she had talked to a member of the Planning Commission
who informed her that the commission recommended denial because there was a
residential home right next to the property and no provision was made for screening the
new commercial building.
John Ferris asserted that this was not a bona fide reason to deny the conditional use
permit since the residential home was in an area zoned urban commercial. Ferris said
the reason for the variance was to make good use of the property. Ferris pointed out
that there was no other reasonable use for the property because the lots were too
small. He added that it was not in the city's best interest to restrict the use of these
properties.
Phil Zietlow asked if the city had urban commercial lots big enough to accommodate
Medina's zoning requirements.
Kohnen said staff needed to examine the rural and urban commercial zoning
requirements. Kohnen recommended that Ron Batty review Medina's zoning ordinance
relative to these issues.
Zietlow asked if the conditional use permit would go back to the Planning Commission.
Kohnen implied that staff could add the conditions. He said the conditional use permit
would be addressed when the plat was completed.
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO AUTHORIZE STAFF TO
DRAFT A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
KARINIEMI PROPERTIES. MOTION PASSED UNANIMOUSLY.
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO DIRECT STAFF TO DRAFT
THE CONDITIONS FOR THE CONDITIONAL USE PERMIT, INCLUDING THE
VARIANCES. MOTION PASSED UNANIMOUSLY.
Zietlow said staff needed to communicate to the planning commission members that
they should look at the ordinances related to setbacks.
8. Ordinance Regulating Adult Establishments
Ron Batty introduced a draft ordinance which would regulate adult establishments in
Medina. Batty said he had collected information regarding this matter since the interim
ordinance was adopted in December 1994. Batty said the ordinance was a composite
of other city ordinances that addressed the same issue. A number of cities had
conducted studies which showed empirically that adult establishments had adverse
secondary impacts. Batty believed the ordinance would pass judicial scrutiny.
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Batty said an important point to remember was that the city could regulate but not
prohibit adult establishments. Batty said the draft proposed that adult uses be allowed
in the designated districts, but only where they are at least 1000 feet from residential
properties and other specified uses. Loren Kohnen had calculated that approximately
2% of the city would be available for the location of adult uses under this standard.
MOVED BY THIES, SECONDED BY JOHNSON, TO ADOPT ORDINANCE NO. 287,
"AN ORDINANCE PERTAINING TO THE REGULATION OF ADULT
ESTABLISHMENTS, REPEALING SECTION 620 OF THE CODE OF ORDINANCES,
ADDING SECTION 645 OF THE CODE OF ORDINANCES, AND AMENDING
SUBSECTION 826.49 AND SUBSECTION 826.61 OF THE CODE OF ORDINANCES."
AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE.
ORDINANCE NO. 287 ADOPTED ON A 5-AYE AND 0-NAY VOTE.
9. Tom Wellhausen Request to Purchase Tax Forfeited Land
Tom Wellhausen, 4505 Walnut Street, communicated that he wished to pursue the
purchase of city land adjacent to his property, including Lots 11 and 12, Block 10,
Independence Estates. The council had accepted his offer of $500 in September 1994,
with certain conditions.
Wellhausen's attorney had submitted a draft resolution with the following conditions:
(1) The lots are to be combined with Wellhausen's existing lots; and (2) The lots are to
be used as open space and not improved or developed.
Jim Dillman said it was normal for the city to require a five foot drainage and utility
easement along the perimeter of the property.
The council agreed that this condition should be added to the resolution.
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO AUTHORIZE RON BATTY
TO PREPARE A RESOLUTION APPROVING THE SALE OF TAX FORFEITED LAND
TO TOM WELLHAUSEN WITH THREE CONDITIONS, INCLUDING THE NEED FOR A
FIVE FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE PERIMETER OF
THE LOTS. MOTION PASSED UNANIMOUSLY.
10. Snow Removal Policy
Jim Dillman explained the snow plowing procedures followed by the public works
department. Dillman asked the council to reaffirm the city's present snow removal
policy.
The council agreed that there was no problem with the current policy.
11. Hamel Legion Park Funds
Jim Dillman pointed out that the city had over $50,000 in funds donated specifically for
the Hamel Legion Park. Dillman recommended that the council establish a policy that
179
all work done to the Hamel Legion Park outside of normal maintenance must first be
approved by the park commission and the city council. Dillman added that all the park
projects would be handled as if the city was hiring the contractors themselves.
Mayor Theis said the city needed a system so the council would know where the
moneys were coming from and where it was being spent.
John Ferris noted that the park commission provided knowledgeable recommendations
but the council had ultimate responsibility for how the moneys were spent.
Ron Batty said there were liability issues involved because the park was city property.
Jeff Karlson said the city had a separate accident plan for volunteers. He added that
the insurance policy stated that the volunteer activity should be controlled by the city
under the direction of a city officer or employee.
Park Commissioner Jerry Dykhoff said there were plans to remove several tree stumps
in the Hamel park in the next few days. Dykhoff said the work would be done by a tree
service company.
Batty pointed out that there was a statutory requirement that public entities obtain a
payment bond from contractors for every project, which protected the contractor and
the city.
MOVED BY ZIETLOW, SECONDED BY FERRIS, TO APPROVE AN EXPENDITURE
FROM THE HAMEL PARK FUNDS FOR THE REMOVAL OF TREE STUMPS AT THE
HAMEL LEGION PARK PROVIDED THAT A PERFORMANCE BOND IS SUBMITTED
TO THE CITY. MOTION PASSED UNANIMOUSLY.
Phil Zietlow said the council should seek recommendations from the park commission
on how this process might be handled more smoothly.
12. Long Lake Contract for Fire Protection
The City of Long Lake submitted a revised contract for the provision of Fire Protection
Service in the city of Medina for years 1996, 1997 and 1998. The three year budget
proposal included $130,208 for 1996, $135,416 for 1997, and $140,833 for 1998.
Medina's budget share was 8.32%.
MOVED BY ZIETLOW, SECONDED BY FERRIS, TO APPROVE THE "CONTRACT
FOR FIRE PROTECTION" WITH THE CITY OF LONG LAKE FOR THE YEARS 1996,
1997, AND 1998. MOTION PASSED UNANIMOUSLY.
13. Loretto Police Contract
Rick Rabenort reported that the new contract amount the City of Loretto would pay in
1996 for police services was $22,296.22, a 2.7% increase.
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Jim Johnson said based on wage increases for the police officers, Medina's costs were
going up much more than Loretto's. Johnson noted that the new contract amount was
only about one -sixth of Loretto's budget compared to Medina which spent 30 percent of
its budget on police protection.
Rabenort stated that this was a good deal for both cities. He indicated that Medina
officers did not spend a lot of time patrolling Loretto but did respond to calls right away.
John Ferris said the council needed to review the contract and consider whether the
city was charging enough for the police services provided to Loretto.
MOVED BY JOHNSON, SECONDED BY ZIETLOW, TO APPROVE THE 1996
CONTRACT AMOUNT OF $22,296.22 TO PROVIDE POLICE PROTECTION FOR
THE CITY OF LORETTO, AND TO DIRECT POLICE CHIEF RICK RABENORT TO
WRITE A LETTER EXPLAINING THAT MEDINA IS GOING TO LOOK INTO THE
ADEQUACY OF THE CONTRACT AMOUNT FOR 1997 MOTION PASSED
UNANIMOUSLY.
14. 1996 Permit and License Fee Schedule
MOVED BY JOHNSON, SECONDED BY ZIETLOW, TO APPROVE THE REVISED
PERMIT AND LICENSE FEE SCHEDULE, EFFECTIVE JANUARY 1, 1996. MOTION
PASSED UNANIMOUSLY.
15. Employee Salaries for 1996
MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE THE EMPLOYEE WAGE
SCHEDULE FOR 1996 BASED ON A COST OF LIVING INCREASE OF THREE
PERCENT PLUS PERCENTAGE INCREASES ACCORDING TO EACH EMPLOYEE'S
PERFORMANCE. MOTION PASSED UNANIMOUSLY.
16. Payment of Bills
MOVED BY JOHNSON, SECONDED BY THIES, TO APPROVE PAYMENT OF
ORDER CHECK NUMBERS 15161-15229 FOR $110,754.76 AND PAYROLL CHECK
NUMBERS 14556-14586 FOR $23,609.78. MOTION PASSED UNANIMOUSLY.
17. Special Work Session
MOVED BY MAYOR THEIS, SECONDED BY ZIETLOW, TO AFFIRM THAT A
SPECIAL COUNCIL/STAFF WORK SESSION WILL BE HELD ON THE SCHEDULED
DATE OF THURSDAY, NOVEMBER 9, 1995, AT 7:30 A.M. MOTION PASSED
UNANIMOUSLY.
18. Executive Session
Ron Batty announced at 11:10 p.m. that the council would be going into executive
session on the basis of attorney -client privilege to discuss litigation in the matter of
Minnehaha Creek Watershed District v. City of Medina.
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MOVED BY JOHNSON, SECONDED BY THIES, TO CLOSE THE EXECUTIVE
SESSION AT 11:30 P.M. MOTION PASSED UNANIMOUSLY.
19. Adjournment
MOVED BY FERRIS, SECONDED BY THIES, TO ADJOURN THE MEETING AT 11:30
P.M. MOTION PASSED UNANIMOUSLY.
Anne E. Theis, Mayor
ATTEST:
Jeon, City Clerk -Treasurer
November 7, 1995