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HomeMy Public PortalAbout12/03/96 CCM193 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 3, 1996 The City Council of Medina, Minnesota met in regular session on December 3, 1996, at 7:32 p.m. in the City Hall Council Chambers. Acting Mayor Ann Thies presided. Members present: John Ferris, Jim Johnson, Ann Thies, and Phil Zietlow. Members absent: Mayor Theis Also present: Public Works Director Jim Dillman, Police Chief Rick Rabenort, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, City Prosecutor Steve Tallen, and City Clerk -Treasurer Paul Robinson. 1. Adoption of the Agenda Moved by Ferris, seconded by Zietlow, to adopt the published agenda with the following additions: 1. Meeting about Spring Hill Country Club. 2. Addendum to Water Supply Plan. 3. Casino Sign. 4. Snowmobile Trail Through Park. Motion passed unanimously. 2. Minutes Moved by Ferris, seconded by Thies, to approve the minutes of the regular meeting of November 19,1996, as submitted. Motion passed unanimously. 3. Park Commission Comments - Snowmobile Trail Through Park Jim Johnson stated that there have been some problems with snowmobiles on the sledding hill and he recommend the City Council send a letter to the snowmobile club asking them to fence the trail corridor along the park. Phil Zietlow stated that the trail should be shut down. Jim Johnson said the agreement they made with the club was to see first if people would stay on the trail and if not then the City would require them to fence the trail. Phil Zietlow said that at the Park Commission meeting the club had agreed to put up a fence at their expense and if anything happened the trail would be closed. Jim Johnson stated that these were good concerns. The next step is to ask the snowmobile club to put up a fence. 194 Moved by Phil Zietlow, seconded by Jim Johnson to ask the snowmobile club to put up a fence along the trail in the park. Motion passed unanimously. Rick Rabenort suggested that Officer Priem contact the club since he has been working with them on other projects. The City Council agreed. 4. Planning Commission Comments - There were none. 5. Final Plat Approval for the Hennepin County Public Works Facility. Ron Batty stated that recently the final plat for the Hennepin County Public Works Facility appeared at City Hall. It has since been reviewed by the City Engineer, Zoning Administrator, and Attorney and had met with their approval. Ann Thies asked why this plat was not previously approved. Ron Batty stated that the county had not acquired fee title which was the last step in the approval process. Moved by John Ferris seconded by Jim Johnson to direct staff to prepare a resolution for final plat approval. Motion passed unanimously. 6. Boxing License for Joint Fund-raiser Between the Minnesota Tool and Die Association and the Midwest Golden Gloves Association. Ann Thies opened the discussion by stating that general information about the association was included in the packet and then asked if there were any comments. Paul Robinson stated that this was a fund raiser for these two associations and that he believed that 90% of the revenues went to the Golden Gloves Association and 10% to the Minnesota Tool and Die Association. There was some discussion about the conditions in the resolution. Rick Rabenort stated that he had reviewed the resolution and believed the conditions were appropriate to ensure a safe event. Moved by Phil Zietlow, seconded by John Ferris to approve Resolution 96-63 approving a joint fund-raiser between the Minnesota Tool and Die Association and the Midwest Golden Gloves Association at the Medina Ballroom on January 21st, 1997. Motion passed unanimously. 195 7 Resolution Authorizing City Clerk -Treasurer's Endorsement of Stock Certificates Payable to the City of Medina and Designated for Hamel Legion Park. Paul Robinson stated that Tom Anderson wanted to donate some stock to the City for the development of Hamel Park. In order to do this the City would need to authorize the City Clerk -Treasurer to set up an account in which to receive these stocks and authorize the City Clerk -Treasurer to be able to endorse and then sell these stocks. The City Council directed the City Clerk -Treasurer to send a thank you letter on behalf of the City Council to Tom Anderson on receipt of this donation. Moved by Phil Zietlow, seconded by John Ferris to approve Resolution 96-64 authorizing City Clerk -Treasurer's endorsement of stock certificates Payable to the City of Medina and Designated for Hamel Legion Park and to authorize the City Council to set up an account at Dain Bosworth in which to receive these stocks. Motion passed unanimously. 8. Donation request from LICA. Richard Picard, president of the Lake Independence Community Association, thanked the City Council for their past support and explained what the association had been doing recently. He stated that the association recently had a fundraising drive. The goal for this drive was to raise $13,000, however, they only raised $7,000. They were raising money for operating costs as well as for a special project they are conducting to better determine where and how pollutants are getting into the lake. Picard said that they would like to apply for a matching grant from the DNR to conduct this study. In order to do that they need additional funds for the match. This is why they were asking for an additional $1,000 from the City Council. Phil Zietlow stated that LICA needed a total of additional $5,000 in addition funding and since Medina has been asked to give only $ 1,000 of that amount where is the remainder coming from. Zietlow also asked if LICA did not get it the total needed would they give the City's money back. Richard Picard said that LICA will raise the additional money. Phil Zietlow said that he supports the work that the LICA is doing and that LICA is doing a better job with less money than what other governmental jurisdictions are doing. Phil Zietlow clarified that this was a one time additional donation. 196 Richard Picard responded that they only ask for what they realistically need. Moved by Phil Zietlow and seconded by John Ferris to give and additional $1,000 in 1996 to the Lake Independence Community Association. Motion passed unanimously. 9. Request for an additional $300 from the LMC. Ann Thies stated that she has been critical of the LMC but, for preserving the cites authority to determine how the City's rights of way will be used, they are probably the best organization to represent all cities' interests. Moved by Ann Thies seconded by John Ferris to give the LMC an additional $ 300 in 1996. Motion passed unanimously. 10. Park Commission Appointments. John Ferris asked if the three people currently in these positions wanted to continue. Paul Robinson stated that each had expressed interest in continuing. Moved by Phil Zietlow seconded by John Ferris to appoint Galen Bruer, Sarah Settles, and Barbara Dahl for three year terms to the Park Commission beginning on January 1, 1997. Motion passed unanimously. 11. Water Plan Addendum Shawn Gustafson stated that this addendum was put together in response to City Council direction at the previous City Council meeting. The most important change was a reduction in the population estimate used. Shawn Gustafson stated that this revisions had been sent out but that changes could still be made. He also stated that the population projection to the year 2050 was being used but that using the year 2050 was not a requirement of this plan. Jim Johnson stated that all he wanted to eliminate was the population estimate of 25,000 for the year 2050. There was some discussion about what number to project out to the year 2050. The general consensus was to use an estimate around 7,390. Ann Thies stated that the next step for the plan was a review by the DNR. 197 Phil Zietlow asked how much the plan cost. Shawn Gustafson stated that it cost around $6,000. Phil Zietlow stated that the work on this plan was excellent and he would like to see the surface water management plan to be done in the same manner and at a similar cost. 12. Hearing on Anderson Liquors. fa complete transcript of this hearing was taken by a court reporter in attendance) Steve Tallen began the hearing by stating that he and Ron Johnson, the lawyer defending Bruce Turner, had discussed the procedure for the hearing and Ron Johnson was willing to waive the taking of live testimony. In its place Steve Tallen would hand out written transcripts of the court appearances of several of the under -age persons arrested for buying alcohol at Anderson Liquors. Tallen stated that Mr. Turner was being accused of 7 violations of liquor statutes and ordinances. Tallen entered into the record the written statements of five guilty pleas as exhibits 1-6. Ron Batty stated that according to Minnesota state statutes and city ordinances the City Council is allowed to make a finding regarding liquor law violations. Batty said that usually the City makes a finding after a criminal conviction. What was different about this action was that the sequence of events. This time the City Council is meeting to make a finding before there was a criminal conviction. Batty said because of the number and seriousness of these charges there was a reluctance to wait for the criminal process. Therefore, this evening, the City Council scheduled a hearing. Batty stated that to make a finding the City Council will need to be convinced that a violation of state or local law has occurred by a preponderance of the evidence. This means that it is more than likely than not that the laws were violated. Steve Tallen outlined the charges against Mr. Turner. On October 18th and 19th there were five charges. Four of these charges were for underage sales and one was for selling after hours. On November 1st and 2nd there were two more illegal sales. Both of these charges were for underage sales. Ron Johnson stated that he had spoken with Mr. Turner and he stated that Mr. Turner did not want to testify. Johnson also added that Mr. Turner wanted the City Council to know that he would close his business permanently this evening. 198 Ron Batty stated that he would recommend the City Council continue the hearing to make a finding rather than rely on voluntary cessation by Mr. Turner. Ron Johnson stated that he believed it would be proper for the City Council to continue with the hearing. However, since his client did not want to appear before the City Council, he said he would withdraw as the evidence speaks for itself. Ron Batty stated that the City Council may want to refer to the draft resolution included in their information. He stated that this resolution was drafted in anticipation of the City Council action and that there were blanks in the resolution that needed to be filled in before the City Council could adopt it. He suggested that this could be a starting point that may allow the City Council to move forward with this issue. John Ferris stated that there were at least five guilty pleas all of which were identified by Medina Police officers. He felt that his evidence alone should be enough to constitute a finding of a violation. There was some discussion about the numbers needed to fill in the resolution and the fine the City Council would like to impose for each violation. Phil Zietlow stated that the maximum fine could be up to $14,000. Jim Johnson stated that it seemed like an excessive amount. Phil Zietlow stated that Mr. Turner knew the law and that he had been before the City Council on a similar matter previously this year. Mr. Turner violated the City's trust. Zietlow stated that for the number of violations Mr. Turner had this was a relatively small amount. John Ferris stated that this would be a direct and severe warning to others. Moved by John Ferris seconded by Phil Zietlow to adopt Resolution 96-65 Resolution regarding Liquor License for Bruce A. Turner/T&T Inc. D/B/A Anderson Liquors as modified, including the following penalties: 1. The liquor license be revoked, effective immediately, and 2. Levy a fine of $ 2, 000 per violation for a total fine of $ 14, 000. Motion passed unanimously. The City Council thanked the officers and the chief for their good work. Ann Thies then closed the hearing. 199 13. Casino Sign The discussion on this issue focused on whether the City Council needed to act on a sign put up on Wally Cates property on Highway 55 that stated there was a casino open on the property. The consensus of the City Council was that there was nothing they should do until there was some indication that a casino was actually open and operating. 14. Spring Hill Golf Club There was some discussion about who on the City Council would go and attend this informational meeting to be held on December 12, 1996. Batty noted that no more then two City Council members could attend without it constituting a Council meeting. After some discussion the consensus was that Phil Zietlow and Ann Thies would attend. 15. LMC Policy Conference Update Paul Robinson updated the City Council on some of the highlights of the policy adoption conference. Of the forty policies adopted at the conference, four of Medina's top five picks made it into the top ten priorities for the LMC for 1997. 16. Pay the Bills Moved by Jim Johnson, seconded by Phil Zietlow, to approve order checks numbers 16536-16568 for $ 74,473.20 and payroll checks 15041-15058 for $ 12, 562.05. Motion passed unanimously. 17. Adjourn Moved by Phil Zietlow, seconded by Ann Thies, to adjourn the meeting at 9:05 p.m.. Motion passed unanimously. Attest: Paul Robinson, Clerk -Treasurer Ann C. Thies, Acting Mayor 200 (THIS PAGE LEFT BLANK INTENSIONALLY) 16536 16537 1-Cr59{�- 16539 16540 16541 16542 16543 16544 16545 16546 16547 16548 16549 16550 16551 16552 16553 16554 16555 16556 16557 16558 16559 16560 16561 16562 16563 16564 16565 16566 16567 16568 ORDER CHECKS - DECEMBER 3, 1996 Air Touch Cellular Allstar Electric 75.62 nP+t-j C. .kes m A8 Vo cm Banyon Data Systems 1,808.22 Bonestroo, Rosene, Anderlik 3,433.63 Bryan Rock Products 285.20 Commercial Life Ins. Co. 71.60 Commissioner of Revenue 866.09 Delta Dental 685.70 E-Z-Recycling 2,132.58 Rolf Erickson Ent., Southwest Assessing 2,852.28 Farmers State Bank of Hamel 3,792.86 Hamel Fire Dept. 15,968.25 HealthPartners 1,706.09 Henn.Co.Treas. 23.76 Henn.Co. Sheriff 217.82 James R. Johnson 142.00 Kennedy & Graven 5,118.29 Kustom Signals, Inc. 1,039.64 Long Lake Fire Dept. 3,397.25 Loretto Fire Dept. 8,005.00 Maple Plain Fire Dept. 775.00 Medics_ 2,881.46 Menth Sod & Contr. 7,600.00 Minnegasco 331.46 Eric Nielsen 53.24 Northern States Power 1,846.18 office Max, Inc. 154.87 P.E.R.A. 2,351.05 Pitnew Bowes Credit Corp 283.38 Paul Robinson 571.75 Schoening Exc. 5,628.00 St. Josephs Equipment 281.28 1-1-131 71. PAYROLL CHECKS - DECEMBER 3, 1996 15041 Anne E. Theis $207.79 15042 Ann C. Thies 138.52 15043 John B. Ferris 138.52 15044 Philip K. Zietlow 138.52 15045 James R. Johnson 138.52 15046 Paul R. Robinson 773.34 15047 Steven T. Scherer 982.89 15048 Richard R. Rabenort 1,191.60 15049 Michael J. Rouillard 1,067.36 15050 James D. Dillman 1,141.28 15051 Robert P. Dressel 1,292.62 15052 Edgar J. Belland 1,254.39 15053 Cecilia M. Vieau 644.94 15054 Ivan W. Dingman 193.93 15055 Laura L. Sulander 885.78 15056 Sandra L. Larson 742.34 15057 Joseph R. Heyman 830.05 15058 Jon D. Priem 799.66 7 SY %!o aC '7 -7Y, v5Y.a¢ $12,562.05 202 (THIS PAGE LEFT BLANK INTENSIONALLY)