HomeMy Public PortalAbout12/19/95 CCM202
ORDER CHECKS - DECEMBER 19, 1995r /y H /(�
15331 All Steel Products $ 206.61
15332 Allstar Electric 1,454.99
15333 American Express 5.75
15334 American Linen Supply 42.18
15335 Earl F. Anderson 1,492.81
15336 B & B Products 47.46
15337 Batteries Plus 158.73
15338 Bayside Floral 31.95
15339 Commissioner of Revenue 760.43
15340 Culligan 59.53
15341 Penny Elsenpeter 100.00
15342 Equal Net 28.33
15343 Farmers state Bank of Hamel 3,272.98
15344 Feed Rite Controls 1,492.94
15345 Genuine Parts 70.48
15346 Gopher State One Call 57.75
15347 Great West Life Assurance 850.00
15348 Greater N.W. Office of R. E. Assess. 2,686.89
15349 H & L Mesabi 1,315.55
15350 Hardrives, Inc 28,459.44
15351 Anne Heideman 120.00
15352 Hennepin County Sheriff 184.54
15353 Hennepin County Support 534.00
15354 Hennepin County Sheriff 6,401.91
15355 The Hotsy Corp 563.60
15356 Int'1 Inst. of Mun. Clerks 70.00
15357 Intoximeters 623.03
15358 Jude Wholesale/Advantage Paper 104.38
15359 K-Tel International 3,599.25
15360 Lakeshore Weekly News 159.50
15361 Law Enforcement Labor Services 132.00
15362 Lawson Products, Inc 130.74
15363 LMCIT 310.00
15364 Susan Mackay 100.00
15365 Metro West Inspection 15,976.60
15366 Midwest Automotive 307.84
15367 Frank Mignone 120.00
15368 Minn Comm 38.60
15369 Minnesota Pipe & Equipment 138.45
15370 Minnesota Police & Peace Officers 25.00
15371 Minnesota Rural Water 185.00
15372 Mothers Motors/Lortto Towing 83.22
15373 Northern Hydraulics 156.53
15374 Northwest Associated Consultants 20.00
15375 Arnold & Victoria Ostlund 118.00
15376 P.E.R.A. 2,395.71
15377 Perry's Truck Repair 278.37
15378 Pitney Bowes Credit Corp 41.62
15379 Quill Corp 57.73
15380 Reynolds Welding 19.17
15381 Steven Scherer 50.00
15382 Carolyn Smith 110.00
15383 St. Joseph's Equipment 236.38
15384 Suburban Propane 8.79
15385 Steven M. Tallen 2,662.83
15386 Twin City Office 97.97
15387 Twin City Water Clinic 20.00
15388 U.S. West Cellular 224.75
15389 U.S. West Communications 34.60
15390 Uniforms Unlimited 149.01
r•
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ORDER CHECKS - DECEMBER 19, 1995 (CONT'D)
15391 Decker Velie 90.00
15392 Wilkins Pontiac 66.57
15393 Bruce Workman 70.00
$79,410.49
PAYROLL CHECKS - DECEMBER 19, 1995
14619 Steven T. Scherer $ 859.47
14620 Richard R. Rabenort 1,257.17
14621 Michael J. Rouillard 486.47
14622 Scott A. Stillman 1,020.43
14623 James D. Dillman 1,147.45
14624 Robert P. Dressel 1,026.80
14625 Edgar J. Belland 1,017.25
14626 Jeffrey E. Karlson 1,188.63
14627 Cecilia M. Vieau 683.88
14628 Ivan W. Dingmann 200.40
14629 Laura L. Sulander 859.45
14630 Sandra L. Larson 719.82
14631 Joseph R. Heyman 783.81
14632 Jon D. Priem 771.80
$12,022.83
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MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 19, 1995
The City Council of Medina, Minnesota met in regular session on December 19, 1995,
at 7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided.
Members present: John Ferris, Jim Johnson, Ann Thies, Philip Zietlow, and Mayor
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 ZIETLOW, SECONDED BY MAYOR THEIS, TO ADOPT THE WRITTEN
AGENDA. MOTION PASSED UNANIMOUSLY.
2. Consent Agenda
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO APPROVE THE CONSENT
AGENDA, AS FOLLOWS:
• RESOLUTION NO. 95-62, "RESOLUTION AUTHORIZING INTERFUND
TRANSFERS AND THE CLOSING OF CERTAIN FUNDS"
MOTION PASSED UNANIMOUSLY.
3. Minutes
MOVED BY THIES, SECONDED BY ZIETLOW, TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF DECEMBER 5, 1995, AS AMENDED, AS FOLLOWS:
• PAGE 2, ITEM 4, NEW PARAGRAPH 5 TO READ. "THE COUNCIL DIRECTED
RICK RABENORT TO TALK TO MINKLER'S NEIGHBORS ABOUT THE
PROBLEM."
• PAGE 3, ITEM 8, TO READ, "COMMERCIAL/INDUSTRIAL:" $2,727 $1,636
AND "RESIDENTIAL: $1,363 $1,363 $2,726"
• PAGE 5, ITEM 11, NEW PARAGRAPH 3 TO READ, "IN ADDITION TO
EXPRESSING HER CONCERNS ABOUT THE PAVING OF HAMEL ROAD,
MCPHEE HAD REQUESTED THAT THE CITY ENGINEER ANALYZE THE NOISE
STUDY PROVIDED BY BARTON ASCHMAN, THE COUNTY'S CONSULTING
ENGINEERS. SHAWN GUSTAFSON SAID HE WOULD LOOK AT THE DATA
FROM THE NOISE RECEPTOR THAT WAS ANALYZED IN THE E.A.W. HE
MENTIONED THAT THE E.A.W. RECOMMENDED THAT BERMING BE
CONSTRUCTED TO MITIGATE THE NOISE IMPACT."
MOTION PASSED UNANIMOUSLY
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO APPROVE THE MINUTES
OF THE SPECIAL MEETING OF DECEMBER 6, 1995, AS PRESENTED. MOTION
PASSED UNANIMOUSLY.
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4. Proposed Gambling Casino Along Highway 55
Approximately 40 residents showed up to voice their concerns about the proposed
gambling casino in Medina near the intersection of Highway 55 and County Road 101.
Mayor Theis announced to the gathering that this matter was not added to the agenda
because the city council did not have enough information to publicly discuss the
proposal.
State Senator Gen Olson asked for permission to make a public statement about the
casino. Senator Olson explained that before a new casino could be started in Medina,
or anywhere in Minnesota, the following steps were necessary in accordance with the
Indian Gaming Regulatory Act of 1988:
1. The Governor of Minnesota must approve the proposal.
2. The Department of Interior must approve the proposal.
3. Native American tribes in immediate areas must sign off on the proposal.
Olson asserted that if a casino were to start operations in Medina before following
these steps, the Department of Public Safety's Gambling Control Division would shut
the casino down.
5. Public Hearing Regarding Hamel Road
Mayor Theis announced that the purpose of this hearing was to give residents an
opportunity to comment on the proposed paving of Hamel Road and Pioneer Trail.
Bob Bradley, 3000 Hamel Road, said his concern with the county paving Hamel Road
was that it would affect rural areas of Medina that would not normally be affected.
Bradley said he was not sure that Hamel Road should be turned over to the county. He
suggested that the city negotiate with the county to take over maintenance of the road,
including dust control measures. Bradley was also concerned that Hamel Road could
become an extension of County Road 11. He asked the council to consider delaying
the paving until it was needed and to implement better dust control and maintenance
measures.
Martha McPhee, owner of property at 1985 Hamel Road, said she spent a considerable
amount of time talking to neighbors to find out if there was a consensus of opinion as to
what should be done. She came up with five issues that were common to all the people
she talked to: (1) The rural character of the area be protected; (2) the dust be
controlled; (3) the traffic volume and the speed of traffic; (4) keeping Hamel Road safe
to drive, walk, or ride on; and (5) the paving of the road by the county was seen as a
benefit. McPhee emphasized that strict dust control measures should be implemented.
Mayor Theis pointed out that dust control seemed to be a big issue. She asked how
many horse riders would forego riding along Hamel Road if it contributed to the dust
problem.
2C6
Bob Bradley responded that horses did not affect the road at all.
Chuck Maxwell, 3072 Willow Drive, said he and his wife moved to Medina because the
rural area was very attractive to them. He said they were in favor of waiting to pave
Hamel Road.
Cheryl Bazinet, 3003 Hamel Road, said she wanted the city to preserve the rural
character of Medina and would like it to remain the way it was.
Lance Beaulieu, 2662 Hamel Road, said he still farmed the area. He felt that
blacktopping Hamel Road would destroy rural farming. Beaulieu remarked that he did
not want to squeeze farming out. He added that horse riding did not have a substantial
impact on gravel roads.
Tony Laurent, 2092 Hamel Road, said he was in favor of tarring the road. Laurent said
he had put up with the dust and bumps long enough.
Bob Bradley said he lived at the corner of County Road 201 and Hamel Road. He said
many cars go down 201 to County Road 24. Bradley asserted that if Hamel Road was
paved, more cars would go down Hamel Road. He pointed out that it was not only the
horse people who wanted to maintain the rural nature of Medina but also the people
who moved into Medina for the same reasons.
Bernard Dalbec, 2932 Pioneer Trail, said he had had his fill of the dust. He remarked
that the road should have been paved a long time ago.
Barb Nelson, 3072 Willow Drive, said they formerly owned property on County Road
24, but wanted to move to a more rural atmosphere. She said she was surprised at the
amount of traffic through Willow. Nelson commented that if Hamel Road was
blacktopped, traffic on Willow would increase even more. Nelson was in favor of
maintaining the rural character of the area.
Liz Turnquist, 2000 Chestnut Road, said they moved to Medina because of the rural
character of Medina. She said her family used the road for running, biking, walking,
and riding horses. Turnquist said she was in favor of keeping the area country as long
as possible.
Chris Renier, 3392 Hamel Road, said she was in no hurry to see the rest of Hamel
Road paved. She said it was already dangerous to walk on the shoulders because of
the speed of traffic. She added that Hamel Road was not the ideal place to go for a
walk with children.
Doug Dickerson, 2625 Pioneer Trail, said he lived right up against commercial property
and the dust was unbearable. He said he would like to see the road paved and the
speed limit lowered to 30 miles per hour.
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Jim Dillman pointed out that MnDot sets the speed limit for all roads in Minnesota. He
said the state normally runs a radar and then posts the speed limit at an 85 percentile
of the speed of traffic.
Mayor Theis noted that the city council had felt that whatever might occur on Highway
55 to slow traffic would be the factor that would cause people to shoot down Hamel
Road. She said Hamel Road, under its existing condition, could not stand that kind of
abuse.
Kitty Crosby, 2402 Hamel Road, felt that the concern was the volume and the speed of
the traffic.
Dan Strand, 1985 Hamel Road, voiced his concern about the dust. He said he had two
children that rode the bus. Strand emphasized that the dust gets to be unbearable. He
said he lost a dog and was thankful that it was not a child. He pointed out that six out
of seven homeowners along his stretch of Hamel Road preferred to have the road
paved.
Tom Sawina, 2085 Hamel Road, stated that the biggest problem was the dust. Another
problem was the washboard roads. He believed that cars tended to go faster to fly over
the bumps.
Carolyn Smith, 2752 Hamel Road, said she was in support of the county's proposed
timetable for paving Hamel Road. She said the dust was a health nuisance and a
safety hazard. She noted that the city had heard many concerns about paving Medina
Road, yet residents were still able to ride, walk or jog along the road. Smith said she
recognized the need for more private trails and felt that everyone should work together
to plan and develop trails that would be safe.
Mayor Theis said a lot a cooperation would be needed, including the acquisition of
easements.
Smith felt that a long-term solution was needed.
John Ferris pointed out that there were several existing trails in the city. Ferris said he
had a trail on his property and there were riding trails on other people's property.
Bob Bradley agreed that there were informal trails to ride on, but that many of the trails
were difficult to ride on.
Mayor Theis said it seemed obvious to most everyone that the city could not stop
progress. She said to slow it down seemed to be the main desire of most of the
residents in attendance.
Bob Bradley agreed that it was not his intent to delay progress. He simply did not want
to pave Hamel Road before it was absolutely necessary.
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Phil Zietlow said the main concerns seemed to be the dust, the speed of traffic, and
preserving the rural character of the area. He asked if putting up a series of stop signs
was a viable solution.
Mayor Theis asked how many intersections were on Hamel Road,
Shawn Gustafson said there were five: Parkview, Willow, Pioneer, Arrowhead, and
Pinto.
Dan Strand said that most of the people who wanted the road paved lived on the
section of Hamel Road that would take the most abuse. He asked if the one half mile
stretch from Arrowhead to Pioneer could be paved and the rest left gravel.
Shawn Gustafson talked about the specifications for Hamel Road and Pioneer Trail as
proposed by the county.
Bob Bradley pointed out that a list was submitted that specified what many residents
felt was important. The list included the following items:
1. Hamel Road and Pioneer Trail will be left essentially as they are including
alignment, curves, hills and other geographic features. The roads will be not more
than 40 feet wide from shoulder to shoulder. It is intended that Hamel Road and
Pioneer Trail preserve their rural atmosphere. Neither road may be turned into a
County State Aid Highway like County Road 19 or County Road 24.
2. On Pioneer Trail, the road will be paved with not less than 2-1/2 inches of
bituminous 24 feet wide. The pavement will be offset to the northerly to allow for a
reasonable gravel shoulder on the northerly side and a 10-foot gravel shoulder on
the southerly side. The 10-foot wide shoulder on the southerly side of Pioneer
Trail is intended to be a multi -use thoroughfare.
3. On Hamel Road from Arrowhead Drive to Pioneer Trail, the road will be paved with
not less than 2-1/2 inches of bituminous 24 feet wide. The pavement will be offset
to the southerly to allow for a 10-foot gravel shoulder on the northerly side and a
reasonable gravel shoulder on the southerly side. The 10-foot wide shoulder on the
northerly side of Hamel Road is intended to be a multi -use thoroughfare.
4. On Hamel Road from Pioneer Trail to Parkview Drive, the road will be paved with
not less than 2-1/2 inches of bituminous 24 feet wide. The pavement will be offset
to the southerly to allow for at least an 8-foot wide gravel shoulder on the northerly
side and a reasonable gravel shoulder on the southerly side.
5. All shoulders will be surfaced with three-quarter minus crushed limestone so as to
provide a safe, secure footing for users of the thoroughfare.
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Dale Johnson, 2392 Pioneer Trail, said a 2-1/2 inch overlay on Pioneer Trail did not
seem sufficient.
Jim Dillman said the base would be completely re -constructed.
Tom Sawina asked what would be done with the existing grades.
Loren Kohnen said the grades would be left the same.
Richard Goelz, 2325 Hamel Road, asserted that the dust issue had to be addressed.
He said if County Road 11 was going to be a thoroughfare it was important to look at
the number of cars that would be traveling on the road. He felt that a lot more study
and analysis was needed before the county began paving roads.
Jim Dillman estimated that approximately 300 cars traveled on Hamel Road compared
to 250 a year ago.
Mayor Theis said the city would set up a meeting with the county to talk about all the
concerns that were brought up.
6. Hennepin County Public Works Facility
Martha McPhee, owner of property at 1982 Hamel Road, had expressed concern about
the noise levels and the lighting from the proposed county facility.
Shawn Gustafson pointed out that the noise receptor was set up at the end of Pioneer
Trail where the noise levels would have the most impact on residential homes along
Hamel Road. Gustafson said the EAW concluded that the residences should not
experience traffic noise level increases resulting from the public works facility. Since
the county had agreed to direct traffic to T.H. 55, this would minimize the additional
traffic increases expected on Hamel Road. Gustafson concluded that there was no
reason for additional study. He said the question that needed to be answered was the
noise impact on McPhee's property which was closer than the one-half mile distance
that was used in the EAW. Gustafson noted that, regardless of the distance, the EAW
acknowledged that there would be noise impacts on the adjacent properties associated
with operation of the facility and during construction. Gustafson said to mitigate the
noise impact on residential properties, the city could require additional berming around
the site areas which would minimize the noise levels considerably.
McPhee said she was concerned about the impact the county facility would have on
property values. She asked if there was any data that might show the impact on land
values near other facilities of this type with a 400 foot tower.
7. Fred Breitbarth, Long Lake Glass -- Transfer of Business Ownership
Fred Breitbarth, owner of Long Lake Glass, Inc. along with his wife, Berneice, said he
was selling the business to his son, David. Breitbarth said his business had been
"grandfathered" in its present location at 2262 County Road 24, and he wanted to know
if the sale of his business would change its current status.
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Ron Batty pointed out that the business was operating as a non -conforming use. There
were restrictions on uses of the property, most notably the expansion of the business.
However, the city did not have control over the transfer of the property. Batty said the
Breitbarth's did not need city approval. If, however, the business was sold to anyone
outside the family, the business would have to be moved if the new owner wished to
expand or change the operation of the business.
8. MCWD -- Long Lake Improvement Project
Ron Batty said in litigation with the Minnehaha Creek Watershed District, the
discussion had not come to fruition and no resolution would take place tonight. Batty
provided a list of the proposed conditions for the MCWD sedimentation pond on
property owned by Jack Wahlfors. Batty said the conditions were a result of a special
meeting held by the city council. Batty said the MCWD had objections to all the
conditions to some extent. He said the resolution should be adopted only after all the
details had been worked out. Batty recommended that the rules be suspended so that
the council could add an executive session to the council agenda to discuss litigation.
MOVED BY FERRIS, SECONDED BY ZIETLOW, TO SUSPEND THE RULES SO
THAT AN EXECUTIVE SESSION CAN BE ADDED TO THE COUNCIL AGENDA.
MOTION PASSED UNANIMOUSLY.
MOVED BY FERRIS, SECONDED BY THIES, TO ADD AN EXECUTIVE SESSION TO
THE COUNCIL AGENDA TO DISCUSS LITIGATION IN THE MATTER OF MCWD V.
CITY OF MEDINA. MOTION PASSED UNANIMOUSLY.
Batty said, Louis Smith, attorney for the MCWD, wanted to have a meeting with council
members, Tom LaBounty, Shawn Gustafson, and the attorneys in order to come to an
agreement on what the conditions should be.
9. Mayer Mobil -- Reduction of Financial Guarantee
Shawn Gustafson said Mayer Mobil was requesting that the City reduce their financial
guarantee to reflect work completed through the middle of December. Gustafson said
the work was approximately 85 percent complete. He recommended a reduction in the
Letter of Credit from $40,951 to $23,795.
MOVED BY JOHNSON, SECONDED BY THIES, TO APPROVE THE REDUCTION OF
MAYER MOBIL'S FINANCIAL GUARANTEE TO $23,795. MOTION PASSED
UNANIMOUSLY.
10. Drug and Alcohol Policy
Jim Dillman said a new Employee Drug and Alcohol Policy mandated by the Omnibus
Transportation Employee Testing Act of 1991 had to adopted by January 1, 1996. The
Act required that all employees whose job duties include operating a commercial motor
vehicle and who are required to hold a commercial driver's license would be subject to
drug and alcohol testing. Dillman said the cost of the program was $50 a year and $46
for each test. Dillman said the program required that the city randomly test employees
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at least once a year. The test results had to be kept in a separate file. Dillman said the
intent of the policy was not to discharge employees. Dillman pointed out that one
problem with the new drug and alcohol policy was that the city did not have an on -call
procedure. He said if an employee consumed a couple of beers, he would not be able
to drive for four hours. The blood alcohol limit under the new policy would be .04.
MOVED BY THIES, SECONDED BY ZIETLOW, TO ADOPT THE DRUG AND
ALCOHOL TESTING POLICY, EFFECTIVE JANUARY 1, 1996. MOTION PASSED
UNANIMOUSLY.
11. Authorization to have Pickup Painted
Rick Rabenort asked for authorization to paint the 1985 Chevrolet pickup truck at a
cost of approximately $2,700 and to install yellow lights for about $500.
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO APPROVE
EXPENDITURES OF APPROXIMATELY $3,200 FOR A NEW PAINT JOB TO THE
1985 CHEVROLET PICKUP AND THE INSTALLATION OF YELLOW LIGHTS.
MOTION PASSED UNANIMOUSLY.
12. Authorization to Prepare RFP for Woodlake Landfill Engineering Services
MOVED BY FERRIS, SECONDED BY ZIETLOW, TO AUTHORIZE LOREN KOHNEN
TO SEND OUT A "REQUEST FOR PROPOSAL" TO PROSPECTIVE ENGINEERING
FIRMS FOR ENVIRONMENTAL SERVICES RELATED TO THE WOODLAKE
LANDFILL SITE. MOTION PASSED UNANIMOUSLY.
13. Approval of 1996 General Engineering Rates
Bonestroo, Rosene, Anderlik & Associates submitted their general engineering rates for
1996. The rate increases varied from 1.6 to 6.7 percent for all the classifications.
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO APPROVE THE 1996
GENERAL ENGINEERING RATES SUBMITTED BY BONESTROO AND
ASSOCIATES, EFFECTIVE JANUARY 1, 1996. MOTION PASSED UNANIMOUSLY.
14. Approval of 1996 Prosecution Proposal
Prosecuting Attorney Steve Tallen asked for a $3.00 an hour adjustment to $80.00 per
hour for prosecution services in 1996.
MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE STEVE TALLEN'S 1996
PROSECUTION PROPOSAL WITH AN HOURLY ADJUSTMENT TO $80.00 PER
HOUR. MOTION PASSED UNANIMOUSLY.
15. 1996 Budget and Tax Levy
The 1996 budget included general fund expenditures totaling $1,906,304. The
anticipated general fund revenues, including Homestead and Agricultural Credit Aid
(HACA) and interfund transfers, was $1,032,870. Therefore, the proposed property tax
levy for taxes payable in 1996 was set at $873,434.
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MOVED BY FERRIS, SECONDED BY THIES, TO ADOPT RESOLUTION NO. 95-63,
"RESOLUTION APPROVING 1996 BUDGET AND TAX LEVY "
AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS NAYS: NONE.
RESOLUTION NO. 95-63 ADOPTED ON A 5-AYE AND 0-NAY VOTE.
16. Establish Date of 1996 Local Board of Review Meeting
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO ESTABLISH WEDNESDAY,
APRIL 10, 1996, AS THE DATE OF THE 1996 LOCAL BOARD OF REVIEW
MEETING, BEGINNING AT 7:00 P.M. MOTION PASSED UNANIMOUSLY.
17. Payment of Bills
MOVED BY ZIETLOW, SECONDED BY FERRIS, TO APPROVE PAYMENT OF
ORDER CHECK NUMBERS 15331-15393 FOR $79,410.49 AND PAYROLL CHECK
NUMBERS 14619-14632 FOR $12,022.83. MOTION PASSED UNANIMOUSLY.
18. Executive Session
MOVED BY MAYOR THEIS, SECONDED BY FERRIS, TO MOVE INTO EXECUTIVE
SESSION AT 9:52 P.M. ON THE BASIS OF ATTORNEY -CLIENT PRIVILEGE TO
DISCUSS LITIGATION IN THE MATTER OF MINNEHAHA CREEK WATERSHED
DISTRICT V. CITY OF MEDINA. MOTION PASSED UNANIMOUSLY.
MOVED BY THIES, SECONDED BY ZIETLOW, TO CLOSE THE EXECUTIVE
SESSION AT 10:45 P.M. MOTION PASSED UNANIMOUSLY.
19. Adjournment
MOVED BY THIES, SECONDED BY ZIETLOW, TO ADJOURN THE MEETING AT
10:46 P.M. MOTION PASSED UNANIMOUSLY.
.fie,660
Anne E. Theis, Mayor
ATTEST:
Jeffson, City Clerk -Treasurer
December 19, 1995