HomeMy Public PortalAbout02/03/04 CCM27
MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 3, 2004
The City Council of Medina, Minnesota met in regular session on February 3, 2004 at
7:30 p.m. in the City Hall Chambers. Mayor Zietlow presided.
I. ROLL CALL
Members present: Workman, Lane, Zietlow, Smith, and Brinkman.
Members absent: None.
Also present: City Attorney Ron Batty, Public Works Director Jim Dillman, City
Engineer Tom Kellogg, City Administrator Chad Adams, Planning and Zoning
Administrator Loren Kohnen, Police Chief Ed Selland, and Recording Secretary Liza
Weniger.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
It was requested to remove item 9.6 from the agenda.
It was requested to remove items C and D from the Consent Agenda to be discussed
separately.
Moved by Smith, seconded by Brinkman, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL
A. Approval of the January 13, 2004 Special City Council Meeting Minutes
Zietlow noted on page 2, the second paragraph under DMJ & Intermit Use Permit Policy
should include a response by Kari Huhn. Ms. Huhn cited DMJ has locked their gates to
west access from Pioneer Trail, they have instructed G&L contracting to use east
entrance to access Trunk Highway 55, and included a right in/right out on north entrance
on to TH 55.
Lane requested the following corrections:
Page 1, 11th paragraph, second and third sentences to state "He commented that the
City should not be a lender/banker. Lane expressed his appreciation for the gift of
money and spirit in which it was provided, but noted the gift now has a substantial
funding. contingency."
Page 2, under DMJ & Intermit Use Permit Policy, third paragraph, second sentence
should state "...reclamation of land, truck traffic management, and length of permit..."
Page 2, under DMJ & Intermit Use Permit Policy, ninth paragraph, the motion should
state "Brinkman moved, Lane seconded, to direct staff to prepare an amendment to
permit interim uses.
Moved by Lane, seconded by Smith, to approve the January 13, 2004 special City
Council meeting minutes as amended. Motion passed unanimously.
Medina City Council Meeting Minutes
February 3, 2004
28
B. Approval of the January 20, 2004 Regular City Council Meeting Minutes
Lane corrected Page 1, 8th correction to the January 6, 2004 Regular City Council
Meeting Minutes, to state "special meeting at 6:00 p.m. on January 13.
Smith corrected Page 7, seventh paragraph, third paragraph, to state "Smith
commented that the horse owners..."
Moved by Smith, seconded by Brinkman, to approve the January 20, 2004 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. PUBLIC HEARING
A. NPDES Storm Water Pollution Prevention Program (SWPPP) — Annual
Public Hearing
Mayor Zietlow opened the public hearing at 7:37 p.m.
Adams explained that a requirement of the permit is to conduct an annual public hearing
to hear comments from the public on the SWPPP. The Council can also consider
making any changes to the Best Management Practices at the meeting. Adams
provided a broad overview of the City's 2003 accomplishments, as well as requirements
for the annual report and initiatives for 2004 at the meeting.
Smith commented it is her understanding the system may change due to the MPCA
being sued. Adams replied he has not received any notification of a change.
Lane inquired if there is any ditch and culvert work planned this coming year. Dillman
replied there will be some smaller ditch projects done, but nothing major.
Zietlow closed the public hearing at 7:40 p.m.
VI. CONSENT AGENDA
A. Gambling (raffle) permit for Wayzata Boys Basketball event at Medina
Entertainment Center on Saturday, March 6, 2004
B. Gambling (raffle) permit for Holy Name of Jesus Church event at Holy
Name of Jesus Church on Saturday, March 13, 2004
It was noted that Items C and D had been removed from the Consent Agenda.
Moved by Workman, seconded by Brinkman, to approve the Consent Agenda. Motion
passed unanimously.
C. Driveway Variance Request for 2475 Morningside Road
Zietlow questioned if the neighbor has been notified of this variance, as it has not gone
through the Planning Commission. Dillman replied the neighbor stopped in at City Hall
and he does not have any problems with this. There was an issue about where the
property line is. This has been addressed, as Mr. Weetman has had property surveyed.
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February 3, 2004
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Zietlow asked if any other variances like this have occurred on Morningside Road.
Dillman replied several similar variances have been granted.
Moved by Workman, seconded by Brinkman, to approve the driveway variance request
for 2475 Morningside Road. Motion passed unanimously.
D. Resolution Granting Final Approval to the Plat of Medina Parks Second
Addition
Adams reported Rolf Erickson, City Assessor, has reviewed more sales of commercial
land in Medina and the information supplied by Wright Hennepin Electric and property
owner. Based on this, Erickson recommends the fair market value for this parcel be
$321,750.00. According to city ordinance, the park dedication for this plat is will be ten
percent of this amount. Adams noted that title work also needs to be completed. Ron
Batty advised he is comfortable with the resolution being passed contingent on title work
being completed.
Moved by Smith, seconded by Workman, to direct staff to prepare the resolution
granting final approval to the plat of Medina Parks Second Addition with the park
dedication fee in the amount of $32,175, and pending completion of the title work
Lane questioned if this sum is acceptable to all parties. Adams responded in the
affirmative.
Motion passed unanimously.
VII. COMMENTS
A. Comments from Citizens on Items Not on the Agenda
There were none.
B. Park Commission
Adams reported the Park Commission continues to work on the Park Use Policy for park
fees. The policy will likely be before the Council in approximately two months.
C. Planning Commission
Kohnen reviewed the agenda for the upcoming Planning Commission meeting.
VIII. OLD BUSINESS
A. Uptown Hamel Development and Highway 55 Corridor Development
1. Report on SEH Site Coverage Inspections
Batty reviewed the report for the City Council. He explained this report gives a good
indication of the ability to put a district together. This is an important first step in a
number of steps that must be completed.
2. Approval of Donald Brauer as Proiect Planning Consultant
Adams presented the resume and experience of Don Brauer for the project planning
consultant. He explained staff is seeking approval for Mr. Brauer's services.
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February 3, 2004
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Zietlow suggested the Council move on to the discussion of the pre -development
agreement with Farr Development first.
3. Pre -development Agreement with Farr Development
Batty explained this pre -development agreement is fairly standard. It outlines how
money the City is requesting from the developer will be spent and under what
circumstances the developer could have the money returned. In this situation there are
two potential developers, and they are each being asked to put up funding. Farr
Development would like assurances they will be treated fairly and this has been dealt
with in the pre -development agreement. If the Council is comfortable they may
authorize the execution of this agreement. If there are any substantial changes the
agreement would be brought back before the Council.
Brinkman stated he would like to see the completed agreement before voting on it.
Lane concurred.
Smith suggested the agreement come back before the Council in a couple of weeks
when it has been reviewed by everyone.
Lane inquired of the terms of the agreement. Batty replied he left the terms blank in the
document. The terms are typically for a period of time such as six or eight months but
can be extended.
Lane inquired if the initial deposit could be increased with subsequent extensions or
renewals. Batty responded in the affirmative. He explained it appears based on the
inspection report there is another step for the TIF analysis and there would be additional
expenses.
Zietlow inquired if delaying this agreement two weeks would affect the TIF process.
Batty replied there will be some delay unless the Council is comfortable going forward
with the funding.
Lane requested staff to prepare a rolling budget projection of revenues and expenses
for this project.
Smith commented delaying this agreement would delay the process. She noted the City
Attorney has prepared the document and Farr Development is in agreement.
Zietlow questioned what the City's risks are with the funding for this project. Batty
advised the City's funds would be more at risk with the $10,000 for the planner than the
$16,000 for the TIF inspection. He stated the most critical thing is to have a planner in
place for an open house in late March or early April.
Council consensus was to proceed with $10,000 in funding for the planner, so as not to
slow the process down.
Batty advised if the Council is more comfortable looking at this agreement after two
weeks it would also give Farr Development an opportunity to review the agreement. He
does not see a problem unless there is a delay with the planner.
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Adams noted the physical TIF building inspections would not begin until after the
February 17th Council meeting.
Lane commented Mr. Brauer comes highly recommended and has a wonderful
recommendation. The City would be lucky to acquire him as a planner.
Moved by Lane, seconded by Workman, to accept the staff recommendation that the
City retain Donald Brauer as Project Planning Consultant. Motion passed
unanimously.
Council consensus was to discuss the pre -development agreement with Farr
Development at the next Council meeting.
4. Set Date for Open House
Adams recommended the Council consider scheduling an Open House for mid -to -late
March. He noted the original Q&A Newsletter was prepared for a January 27th Open
House. The amended Q&A Newsletter can still be distributed with the City's Medina
Message newsletter in February, if desired.
Moved by Smith, seconded by Workman, to direct staff to schedule an Open House on
April 3, 2004, with a second choice of March 20, 2004. The date set not to occur during
spring break at the schools. Motion passed unanimously.
5. Discussion of Request for Proposals
Adams noted the Council had discussed the possibility of considering an RFP process
for the Urban Commercial area in the Highway 55 and CSAH 101 area. Ryan
Companies has submitted a new concept plan for the Planning Commission and it will
come back to the Council on February 17, 2004.
Workman expressed concern that Ryan Companies is bringing forward another plan
because the Council did not like the first plan. He stated Ryan Companies should not
be allowed to come back with a third plan.
Batty advised this is not a contingency the Council has discussed. The City does have
provisions in other sections of the ordinance that state if a developer is turned down
they cannot come back for a specified period of time.
Brinkman commented the Council was polled by Ryan Companies, questioning if they
would be interested in another proposal the night they made their first presentation. He
stated he does not like considering a second presentation. Smith stated the Council
never responded to that question from Ryan Companies.
Smith suggested staff prepare an ordinance amendment to address the timeline for
development proposals.
Lane commented he agrees this should not be allowed to become an exercise unto
itself, but it should be determined if common sense on both sides produces a solution.
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February 3, 2004
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Smith expressed concern that the City is going forward with a process that is contingent
on having a stoplight. She is uncomfortable doing that until they have an assurance
there will be a stoplight.
Kellogg reported MnDOT has indicated they would entertain the idea of the stoplight.
Adams explained Mr. Brauer will look at traffic issues and make contacts regarding
these issues in the scope of his planning services.
Batty indicated he, Adams, and Jim Prosser have discussed the issue of the stoplight.
They have identified this as a significant issue that needs to be discussed soon.
B. Hamel Legion Park Community Building
Adams reviewed the meeting that was held last week to discuss some of the concerns
of the project, and what options are available for moving the project forward. Following
that meeting, Bonestroo and the Lions have been reviewing the plans to incorporate any
design changes requested by the City and Bill Wolters, in an attempt to have the project
meet the available funds. Adams recommended that the project and plans be turned
over to the City for coordinating the remainder of the process and to assure the project
meets a budget and the park's/public's needs. It would be staffs vision to create a small
working group to make any final design changes to the existing plans that meets a
budget consistent with funds currently targeted for the project, and that would also
attempt to meet the original needs and functions as recommended by the Lions in the
existing plans. Because this will be a public building, staff would seek more public input
on the project, and possibly allow for future building expansion if determined needed.
Workman stated he agrees with this recommendation. If the building completely
becomes a City project the issue of financing seems to go away. Staff can then take
over the planning, building and development issues. The City can then obtain cost
structures they are comfortable with. The building will be what the City wants and what
is good for the citizens. This needs to come down to a City building that is built through
Lions donations.
Tom Dykhoff, representative of Hamel Lions, reported he met with Bonestroo. They
reviewed Bill Wolter's recommendations and all recommendations received from staff.
Bonestroo was given specific instructions to incorporate all the components into the
drawings. He has three sets of drawings that will be delivered to Mr. Wolters tomorrow.
He hopes they have done enough cost saving measures to bring the costs in line.
Eric Jungels, representative of the Hamel Lions, presented the Council with survey
results regarding the Hamel Legion Park Community Building. He reported 213 cards
were received back, which is approximately 14 percent. 42 percent use the park, 28
percent use it less than once per month, and 5 percent use it more than once per
month. 74 percent said there is a need for the community center, 56 percent indicated
the City should use existing park funds to get the building underway. 57 percent
indicated they would rent the community center. He noted $2,225 in donations was
received from the mailing.
Park Commissioner Galen Bruer reported the Commission addressed if this building
should go out for bid. The Commission agreed they think the building needs to move
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February 3, 2004
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forward and bids should be obtained. A large majority, if not all of the Park Commission
members feel it is a fantastic opportunity that needs to go forward. A majority of the
commissioners feel strongly that because of the nature and the opportunity, the Council
should look at funding the difference to make the building happen. The City needs to
look forward and determine if there is a need for a structure like this in the future. If so,
they need to take advantage of it. Regarding the size of the building, it is bigger than
originally anticipated, and the Park Commission takes a lot of the blame for that. The
commission discussed what the needs are and wanted it big enough for 100 people
rather than 80, as well as the garage. He personally does not have to have the building
that size; if it can be resized he would agree with that.
Workman thanked Bruer for his input and stated this building should move forward.
Zietlow indicated the Council wants to move ahead and advised the architect and
consultant try to get on the same page.
IX. NEW BUSINESS
A. Variance Requests for Rear, Front and Side Setbacks at 2895 County Road
19
Kohnen reported Brad and Laura Kvanbek would like to add to their existing house and
garage. The addition to the garage would be so they could park two vehicles in the
garage and store boats and/or snowmobiles in the westerly addition to the garage. The
applicant would like to add an entry to the front of their home and also to enlarge the
living room and dining area. He explained the property is zoned Urban Residential with
all of their lots having been combined. The setbacks are 50 feet in the front yard, 10
feet in the side yard, and 30 feet in the rear yard. The existing house was built at an
angle to the property line, parallel to the driving surface of County Road 19 in the 1950's
or sooner.
Kohnen explained variances one and two are for the front garage addition. An 8.3 foot
variance is requested for variance one and an 8 foot variance is requested for variance
two. The Planning Commission recommended approval of variances one and two. The
addition would line up with the existing setback. Kohnen explained variances three and
four are for the large addition to the existing garage on the west side. A 3.9 foot
variance is requested for variance three and a 10.1 variance is requested for variance
four. The Planning Commission recommended approval of variances three and four
with the hardship that the addition is reasonable for a two car garage.
Kohnen explained variance number five is for the addition to the front of the house. A
13.4 foot variance is requested. The Planning Commission recommended approval of
variance number five with the hardship of the livability of the house. The house is very
small and other variances have been granted in the area. Staff recommends approval.
Zietlow stated he thought the Planning Commission had more creative hardships than
livability, and he is uncomfortable with this as a hardship. Kohnen replied the hardship
of livability was agreed upon by the Planning Commission. The house itself is only
about 26 feet wide. In addition, there is no entry due to the positioning.
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February 3, 2004
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Planning Commissioner Elizabeth Weir explained the two setbacks in the front of the
house met patterns of existing housing, and some of them are much nearer the road.
Smith stated variances are continually granted in the Lake Independence area. The
Council has discussed changing the ordinance so it truly fits an area where the lots are
so small. The lots in this area are more like city lots than suburban lots. A special
zoning district may be needed to eliminate the need for variances in this area.
Kohnen advised an additional hardship for front yard variance would be the soil
conditions, as the adjacent lot is not buildable, and there are many trees on property.
Moved by Smith, seconded by Workman, to approve a variance request for rear, front,
and side setbacks at 2895 County Road 19. Additional hardships include the
topography and soil conditions making the adjacent lot unbuildable, the house would be
consistent with the existing housing in the area due to similar variances, and the
positioning of the house for entry. Motion passed unanimously.
Smith requested staff develop an ordinance that would create the Lake Independence
area as a specific district with smaller lots, which would eliminate the need for the
continual variances that keep coming forward in this area.
Workman suggested this ordinance be addressed by the Planning Commission.
B. Keller Estates Subdivision — Signalized Intersection at Willow Drive and
County Road 6
This item was removed from the agenda.
C. City Comprehensive Water Study
Adams explained there has been interest expressed at past Council meetings to
consider conducting a comprehensive water study of the City to meet the existing and
future water infrastructure needs. He stated he met with Dillman and Bonestroo
representatives and requested them to prepare a scope and cost to review projected
populations of the areas discussed. The population and area will affect supply, storage,
and water treatment data. The area initially defined include the Hamel water system,
Highway 55 corridor from Hamel to Loretto, City of Loretto, area surrounding Loretto,
Independence Beach area, and southwest area of Corcoran. Staff recommends
moving forward with the analysis at an estimated cost of $4,500.
Zietlow inquired if this water study will be in conjunction with cities of Corcoran and
Loretto. Adams replied the three cities can work together in future, but this study will
address Medina's immediate and future needs, and the data will be valuable now.
Workman commented the cities could develop some kind of a shared water system, and
this could actually drive down costs. Medina will address their needs first and then
decide how they will work with the other cities.
Adams explained if a water treatment plant is built it might be able to supply Loretto for a
few years. As the population grows the second phase might include another water
treatment plant somewhere in that area.
Medina City Council Meeting Minutes
February 3, 2004
35
Zietlow questioned what fund the study would come from. Adams replied the costs
would be paid from the Water Capital Fund.
Moved by Workman, seconded by Brinkman, to approve the City Comprehensive Water
Study at the estimated analysis cost of $4,500 to come from the Water Capital Fund.
Motion passed unanimously.
D. Lighting Ordinance Enforcement
Belland reported a study was done of the lighting of the 18 businesses within the City
that abut residential property between the hours of 6:00 p.m. and 8:00 p.m. on Monday,
January 30, 2004. Of the 18 businesses there were two businesses that were slightly
over the limit, the rest were under the ordinance requirements. He requested direction
from the Council on how to approach enforcement.
Workman commented there are businesses that leave their lights on all night. Brinkman
suggested businesses turn their lights off at 11:00 p.m.
Smith commented there are energy issues associated with this and conservation should
be considered. She suggested enforcement be addressed by Planning and Zoning. A
meeting could be held with the businesses to start addressing this issue in a user
friendly manner.
X. REPORTS
A. 2003 Budget Report
Adams presented the 2003 Budget Report to the Council.
Workman directed staff to present the Council with information regarding the City's
outstanding obligations to determine if some of the debt could be retired early. Adams
replied this was looked at in August, however, it can be considered again.
B. City Administrator Report
1. DNR Local Grant Application
Adams reviewed that the City applied for a local trail grant for Sioux Drive last year but
did not receive approval. The Park Commission recommends that the City resubmit the
application, with revisions, for 2004.
Moved by Smith, seconded by Workman, to direct staff to update and resubmit the local
trail grant for Sioux Drive. Motion passed unanimously.
2. All -Star Community Award Application
Adams noted the summary of the All -Star Community Award program and proposed the
City submit an application for the Horse Management Best Management Practices
program since it meets many of the criteria desired for an application including
innovative and collaborative efforts to meet challenges. He requested direction from the
Council.
Medina City Council Meeting Minutes
February 3, 2004
36
Moved by Brinkman, seconded by Workman, to direct staff to submit an application to
the All -Star Community Award Application for the Horse Management Best Management
Practices program. Motion passed unanimously.
XI. APPROVAL TO PAY THE BILLS
Moved by Smith, seconded by Brinkman, to approve the bills, order check numbers
26141-26187 for $75,461.08, and payroll check numbers 18493-18510 for $22,231.90.
Zietlow questioned if expenses for the Hamel Legion Park Building are separated from
the Park Fund. Adams noted the Hamel Legion Park Building is under the Hamel Park
Fund, not the Park Dedication Fund, and has a specific account code.
Motion passed unanimously.
XII. ADJOURN
Moved by Workman, seconded by Smith, to adjourn the meeting at 9:27 p.m. Motion
passed unanimously.
Philip K. Zetlow, Ma, or
Attest:
Chad M. Adams, City Administrator
Medina City Council Meeting Minutes
February 3, 2004
37
GENERAL CHECKS - FEBRUARY 3, 2004
26141 BIFF'S INC. $120.52
26142 BONESTROO, ROSENE, $16,790.22
26143 CLASSIC CLEANING $399.38
26144 CONSTRUCTIVE IDEAS $632.50
26145 DELANO SPORTSMANS CLUB $240.00
26146 DELTA DENTAL $1,669.50
26147 DEPT. OF NATURAL $598.55
26148 EHLERS & ASSOC. $10,701.25
26149 ERICKSON, ROLF ENT., INC $4,515.03
26150 EXXONMOBIL $17.41
26151 FORTIS BENEFITS $324.74
26152 FOURTH JUDICIAL DISTRICT $376.48
26153 GOODIN CO. $58.30
26154 GRAFIX SHOPPE $390.00
26155 GRAINGER $130.42
26156 HALLMAN OIL CO. FUEL DIV. $7,393.34
26157 HENNEPIN CO.DEPT.OF $55.80
26158 HENNEPIN CO.TREAS.(JAIL $312.00
26159 HENNEPIN COUNTY SHERIFF $251.21
26160 JLR GARAGE DOOR SERVICE $208.99
26161 KEEPRS, INC./CY'S UNIFORMS $50.29
26162 KENNEDY & GRAVEN $8,002.85
26163 LAKE BUSINESS SUPPLY $108.30
26164 LAW ENFORCEMENT LABOR $185.00
26165 MASYS CORPORATION $2,263.13
26166 MEDICA CHOICE $12,304.55
26167 METRO AREA MGRS. $68.00
26168 METRO.COUNCIL ENVIRO. $653.33
26169 MI E'S FIX -IT $255.48
26170 MINN.CHIEFS OF POLICE $645.00
26171 MINNESOTA $40.00
26172 MN DEPT OF $340.00
26173 NEXTEL COMMUNICATIONS $455.64
26174 NORTHWEST SURBURBAN $190.00
26175 OIL AIR PRODUCTS $35.14
26176 PRESS & NEWS PUBLICATIONS $56.46
26177 PRUDENTIAL INSURANCE CO. $192.25
26178 QWEST _ $460.20-
26179 RANDY'S SANITATION $107.47
26180 REID, JOHN E. & ASSOCIATES $1,100.00
26181 STREICHER'S $220.00
26182 SUPERIOR FORD $82.44
26183 SURPLUS SERVICES $200.00
26184 TIME SAVER OFF Sl'1'E SEC. $244.00
26185 WAYZATA, CITY OF $145.00
26186 WRIGHT-HENNEPIN ELECTRIC $1,832.54
26187 XCEL ENERGY $38.37
$75,461.08
38
PAYROLL CHECKS - JANUARY 26, 2004
18493 SCHERER, STEVEN T $1,171.11
18494 MCGILL, CHRISTOPHER R. $1,573.62
18495 DILLMAN, JAMES D $1,789.96
18496 DRESSEL, ROBERT P. $1,075.40
18497 BELLAND, EDGAR J $2,184.02
18498 VIEAU, CECILIA M $1,072.64
18499 SULANDER, LAURA L. $1,150.18
18500 LARSON, SANDRA L $941.98
18501 BOECKER, KEVIN D $1,173.22
18502 PRISM, JON D. $1,360.80
18503 CHAFFINS, GARY S $789.09
18504 ADAMS, CHAD M. $1,800.45
18505 HALL, DAVID M. $1,063.86
18506 CONVERSE, KEITH A $1,100.40
18507 VELCH, PATRICIA A $115.18
18508 NELSON, JASON $1,582.71
18509 THUL, JEFFREY P. $1,190.64
18510 DINGMANN, IVAN W $1,096.64
$22,231.90