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HomeMy Public PortalAbout02/06/96 CCM20 MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 1996 The City Council of Medina, Minnesota met in regular session on February 6, 1996, at 7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided. Members present: John Ferris, Jim Johnson, Ann Thies, Phil 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 FERRIS, SECONDED BY THIES, TO ADOPT THE PUBLISHED AGENDA WITH THE FOLLOWING ADDITIONS: • RESOLUTION REQUESTING THAT HENNEPIN COUNTY INSTALL A STOP SIGN ON HAMEL ROAD • COOPERATIVE AGREEMENT WITH THE MINNEHAHA CREEK WATERSHED DISTRICT MOTION PASSED UNANIMOUSLY. 2. Approval of Minutes MOVED BY THIES, SECONDED BY ZIETLOW, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 16, 1996, AS SUBMITTED. MOTION PASSED UNANIMOUSLY. 3. Hamel Athletic Club — Request for One -Day Beer Permit The Hamel Athletic Club requested a one -day non -intoxicating liquor license to sell 3.2 beer during their first annual winter golf tournament on February 24, 1996. Tom Anderson said the beer would be sold inside or outside the Hamel Legion property, depending on the weather. MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE A ONE -DAY NON - INTOXICATING LIQUOR LICENSE FOR THE HAMEL ATHLETIC CLUB TO SELL 3.2 BEER ON THE HAMEL LEGION PROPERTY ON FEBRUARY 24, 1996 IN CONJUNCTION WITH THEIR WINTER GOLF TOURNAMENT. MOTION PASSED UNANIMOUSLY. 4. Planning Commissioner Appointments Planning Commissioners Bob Bradley, Anne Heideman, and Susie Mackay submitted letters asking to be re -appointed to the planning commission for another three year term. The council also received an application from Robert Etem. 21 AFTER A VOTE WAS TAKEN THEREOF, IT WAS MOVED BY MAYOR THEIS AND SECONDED BY ZIETLOW, TO RE -APPOINT BOB BRADLEY, ANNE HEIDEMAN, AND SUZIE MACKAY TO THE PLANNING COMMISSION. MOTION PASSED UNANIMOUSLY. 5. Mark Roskop — Reduction of Letter of Credit Mark Roskop, 4800 Rolling Hills Road, requested that the City reduce his financial guarantee to reflect work completed for the construction of a mini -storage facility. Shawn Gustafson said he had reviewed the work completed and he recommended that the letter of credit be reduced to $74,085 from the original amount of $121,050. MOVED BY MAYOR THEIS, SECONDED BY ZIETLOW, TO APPROVE THE REDUCTION OF MARK ROSKOP'S FINANCIAL GUARANTEE TO $74,085. MOTION PASSED UNANIMOUSLY. 6. Vacation of Drainage and Utility Easement Thomas Wellhausen, 4505 Walnut Street, acquired Lots 11 & 12, Block 10, Independence Beach, from the City and wished to combine them with Lot 1, Block 1, Walnut Estates. Loren Kohnen noted that a 5 foot drainage and utility easement on the southern portion of Lot 1, Block 1, would have to vacated before the lot combination could be approved. MOVED BY FERRIS SECONDED BY ZIETLOW, TO ESTABLISH A PUBLIC HEARING ON MARCH 6, 1996, TO CONSIDER THE VACATION OF A FIVE FOOT DRAINAGE AND UTILITY EASEMENT ON LOT 1, BLOCK 1, WALNUT ESTATES. MOTION PASSED UNANIMOUSLY. MOVED BY MAYOR THEIS, SECONDED BY ZIETLOW, TO AUTHORIZE STAFF TO PREPARE A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR A LOT COMBINATION TO THOMAS WELLHAUSEN, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION. MOTION PASSED UNANIMOUSLY. 7. Hennepin Parks — Conditional Use Permit The Suburban Hennepin Regional Park District planned to construct a new 4,000 square foot maintenance building, remodel the existing dairy barn for cold storage, replace the soil storage shed, and upgrade the existing Quonset building for machinery. The site improvements included paved parking with curb and gutter, paved access to the buildings and a NURP pond for stormwater runoff from the maintenance building. Loren Kohnen said he reviewed the plan and found it acceptable. He noted that the Hamel Fire Chief did not have a problem with the building addition. 22 After some discussion, the council agreed that the number of full-time employees should be limited to seven instead of four, as recommended by the planning commission. Phil Zietlow asked about the chemical storage building that was to be re -located. Alex Meyer of the Hennepin Park District responded that it was for maintenance of Baker National Golf Course. He pointed out that there would be a 20 foot by 20 foot concrete pad with curbs to contain any spills. A question was raised regarding the width of the existing 7 ton service road. Hennepin Parks staff requested that the road remain at its present 12 foot width. The additional 350 feet of road needing paving would be paved to the 9 ton design standard. Shawn Gustafson recommended that the service drive be constructed to a minimum of 20 feet. This would allow access for emergency vehicles as well as two-way vehicle traffic. Another concern was that Hennepin Parks had not submitted to the City documentation regarding the NURP pond. Gustafson said the applicant should submit the following documents: • grading plan for pond and control structure detail • location plan for disposal of excavated materials • erosion control plan for site and disposal areas • permit application and submittal to Pioneer -Sarah Creek Watershed District • location plan of existing drain tile lines, if available MOVED BY ZIETLOW, SECONDED BY THIES, TO DIRECT STAFF TO PREPARE A RESOLUTION GRANTING A CONDITIONAL USE PERMIT SUBJECT TO THE 10 CONDITIONS OF THE PLANNING COMMISSION, WITH THE FOLLOWING AMENDMENTS AND ADDITIONS: • AMEND CONDITION NO. 3 TO INCLUDE FOUR FOOT GRAVEL SHOULDERS • AMEND CONDITION NO. 10, TO READ, 7 FULL-TIME EMPLOYEES • ADD CONDITION NO. 11, TO READ, THE NURP POND CALCULATIONS AND CHEMICAL STORAGE BUILDING SITE PLAN MUST BE REVIEWED AND APPROVED BY CITY STAFF • ADD CONDITION NO. 12, TO READ, GRADING PLAN FOR NURP POND MUST BE APPROVED BY THE PIONEER-SARAH CREEK WATERSHED DISTRICT AND THE CITY ENGINEER MOTION PASSED UNANIMOUSLY. 8. William and Sharron Cooper — Variance Request William and Sharron Cooper, 1880 Buckskin Drive requested a variance to Medina's zoning ordinance which required that animal barns be set back 150 feet from any lot line. 23 Loren Kohnen informed the council that the Cooper's had begun constructing a 10 foot by 26 foot horse shelter without a permit. A "stop work" order was posted. The structure was 13.5 feet from the property line abutting Buckskin Drive. Kohnen pointed out that a conditional use permit was granted in 1990 to the previous owner. One of the conditions required that the accessory structures comply with the 150 foot setback requirement. The planning commission recommended that the variance be denied because it did not meet the criteria for granting a variance. John Ferris said he wanted the minutes to reflect that there was no intent on the Cooper's part to do anything wrong. He pointed out that the Cooper's were not aware of the regulations that applied in this case. Ferris acknowledged that this was not a hardship issue, but a practical matter. There simply was not a suitable location for the Cooper's to place the horse feeder. Sharron Cooper explained that they did think the horse feeder was a structure. She insisted that no one was able to tell them were to put the structure. Cooper said the location for the horse feeder was chosen because it was closest to the barn and provided a windbreak for the horses. Phil Zietlow suggested that the horse feeder could be placed on their adjoining lot as long as it met the 150 foot setback requirement. Ferris agreed. He said that it was not like putting up a barn. He indicated that the structure could be removed if the adjoining lot was sold. Penny Elsenpeter remarked that previous applicants had requested that a structure be placed on an adjacent lot they owned, but were denied to avoid setting a precedent. Ron Batty asked if a problem would be created by combining the two lots. Kohnen said the majority of the adjoining 15 acre parcel was wetland and could not be subdivided again into a buildable lot under the new ordinance. Ferris asked what was wrong with erecting a structure that was not attached to the ground. Zietlow said the structure being attached to the ground was not an issue. Ferris suggested that the council limit the size of the building to 120 square feet or less. The structure could not house animals, but could be used for feed and maintenance materials. 24 Kohnen said the variance being considered tonight would have to be denied. He pointed out that a public hearing was held pertaining to the 150 foot setback requirement and did not include a variance to place an accessory structure on an adjacent lot. He said the Cooper's would have to apply for a variance for the prohibition on accessory structures on a vacant lot. Cooper said they only requested a variance for the 150 foot setback requirement because they did not think they could place the structure on the adjoining lot. Zietlow said he could not vote in favor of a variance from the 150 foot setback requirement. He suggested that Mrs. Cooper re -apply for a variance to put a structure on the adjoining vacant lot. MOVED BY THIES, SECONDED BY ZIETLOW, TO ADOPT RESOLUTION NO. 96-3, "RESOLUTION DENYING A VARIANCE FOR MR. AND MRS. WILLIAM COOPER." AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 96-3 ADOPTED ON A 5-AYE AND 0-NAY VOTE. Mayor Theis told Mrs. Cooper that she would have to complete another application to request a variance to place a structure on their adjoining parcel. Theis stated that there was no guarantee that a variance would be granted. She emphasized that the size of the structure could not exceed 120 square feet. 9. Hennepin County PUD Agreement Ann Thies said she recently asked Hennepin County Transportation Manager Jim Grube what the county's position would be if Hamel Road was left a gravel road once the county took it over. Thies said Grube commented that the county did not like to leave county roads gravel, but he wanted to work with the City to resolve all the issues related to the construction of the road. Thies said Grube also indicated that the paving of Hamel Road could be delayed for five years. The council agreed to discuss the PUD agreement at the next meeting. 10. W. J. Cavanaugh — Request for Rezoning Ron Batty informed the council that Bill Cavanaugh had called city hall this morning to request that his application for rezoning be tabled until the next council meeting. Batty pointed out that the City had not received a letter extending or waiving the 60-day limit which applied to zoning decisions. Batty said the matter was a timing issue because the 60-day limit was going to expire before the next meeting. Batty said the council could consider his phone call as an extension of the 60-day limit unless the City obtained a written request from Cavanaugh stating otherwise. Loren Kohnen expressed that Cavanaugh's phone call should be considered an extension of the 60-day limit. 25 John Ferris said he was uncomfortable about delaying the matter beyond the 60-day limit without a written request. MOVED BY THIES, SECONDED BY MAYOR THEIS, TO HONOR BILL CAVANAUGH'S VERBAL REQUEST THAT HIS REZONING APPLICATION BE TABLED, THEREBY EXTENDING THE 60-DAY LIMIT UNTIL THE FEBRUARY 20, 1996 MEETING, UNLESS THE CITY RECEIVES SOMETHING IN WRITING STATING OTHERWISE. FURTHERMORE, TO DIRECT STAFF TO WRITE CAVANAUGH A LETTER REGARDING SAME. AYES: JOHNSON, THIES, ZIETLOW AND MAYOR THEIS. NAYS: FERRIS. MOTION PASSED ON A 4-1 VOTE. Note: But for the council giving the applicant the benefit of the doubt, this request would have been denied due to the 60-day limitation for zoning decisions. 11. Modifications to Public Works Office in City Hall Jim Dillman asked for approval to make some modifications to his office and the zoning administrator's office in order to create more room for files and maps. MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO APPROVE MODIFICATIONS TO CITY HALL OFFICES IN THE PUBLIC WORKS/PLANNING AND ZONING DEPARTMENT. MOTION PASSED UNANIMOUSLY. 12. Change Date of First Meeting in March DUE TO THE PRECINCT CAUCUSES BEING HELD MARCH 5, 1996, IT WAS MOVED BY MAYOR THEIS, AND SECONDED BY THIES, TO CHANGE THE DATE OF THE FIRST COUNCIL MEETING IN MARCH TO WEDNESDAY, MARCH 6, 1996. MOTION PASSED UNANIMOSLY. 13. Request for Stop Sign on Hamel Road Jim Dillman said because Hennepin County owned Hamel Road to Parkview Drive, it was necessary for the City to request that the county place a stop sign on the eastbound land of Hamel Road at the intersection of Parkview Road. MOVED BY MAYOR THEIS, SECONDED BY FERRIS, TO ADOPT RESOLUTION NO. 96-4, "RESOLUTION REQUESTING A STOP SIGN FOR HAMEL ROAD." AYES: FERRIS, JOHNSON, THIES, ZIETLOW AND MAYOR THEIS. NAYS: NONE. RESOLTION NO. 96-4 ADOPTED ON A 5-AYE AND 0-NAY VOTE. 14. Update on MCWD Cooperative Agreement Phil Zietlow pointed out that there were three things the council needed to change in the cooperative agreement with the Minnehaha Creek Watershed District. 26 Since each council member did not have a copy of the revised agreement, the council agreed to discuss the revisions at the next meeting. 15. Payment of Bills MOVED BY THIES, SECONDED BY ZIETLOW, TO APPROVE PAYMENT OF ORDER CHECK NUMBERS 15498-15569 FOR $316,381.98 AND PAYROLL CHECK NUMBERS 14665-14696 FOR $25,702.33. MOTION PASSED UNANIMOUSLY. 16. Adjournment MOVED BY THIES, SECONDED BY MAYOR THEIS, TO ADJOURN THE MEETING AT 10:15 P.M. MOTION PASSED UNANIMOUSLY. Anne E. Theis, Mayor ATTEST: Jeff y . Krlson, City Clerk -Treasurer February 6, 1996 27 (THIS PAGE LEFT BLANK INTENTIONALLY) 18 ORDER CHECKS - FEBRUARY 6, 1996 15498 A T & T $ 13.30 15499 Aero Upholstery & Auto Access. 229.42 15500 Allstar Electric 1,542.65 15501 Alpha Power Systems 949.76 15502 American Bank & Trust Co 194,546.25 15503 American Express 51.07 15504 American Linen Supply 42.18 15505 Bonestroo, Rosene, Anderlik 7,038.52 15506 Bryan Rock Products 1,491.77 15507 Classic Cleaning 191.70 15508 Commercial Life Ins. Co. 69.21 15509 Commissioner of Revenue 1,478.08 15510 Connelly Ind. Elect. 43.43 15511 Davies Water Equipment 2037.79 15512 Delta Dental 621.90 15513 Dept. of Pub. Safety-BCA 270.00 15514 Ditter, Inc. 500.0 15515 E-Z-Recycling 2,132.5 15516 Emed Co., Inc. 210.43 15517 Equal Net 30.24 15518 Farmers State Bank of Hamel 6,227.86 15519 Glenwood Inglewood 59.50 15520 Goodin Co. 130.59 15521 Greater N.W. Office of R.E. Assess 2.511.75 15522 Hamel Building Center 4,112.61 15523 HealthPartners 2,170.72 15524 Henn. Coop. Seed Exch. 159.43 15525 Henn. Co. Treas., Acctg. Svcs. 2,331.47 15526 Hennepin Co. Treasurer 165.92 15527 Hennepin Co. Sheriff 184.54 15528 Hennepin County 89.98 15529 Intoximeters, Inc. 218.67 15530 Kennedy & Graven 16,585.90 15531 Kustom Signals, Inc. 51.27 15532 Lawson Products, Inc 81.82 15533 League of MN Cities Ins. Trust 39,640.00 15534 Maple Island Group 382.80 15535 Medica 3,517.67 15536 Metropolitan Council Wastewater Svcs 7,803.00 15537 Minnegasco 731.79 15538 MN Chiefs of Police 220.00 15539 MN Dept. of Revenue 50.00 15540 Mothers Motors/Loretto Towing 128.6 15541 Municipals 10.0 15542 North Memorial Medical Center 8.0 15543 Northern States Power 1,220.0 15544 Northern States Power 1,543.5 15545 Northwest League of Municipalities 571.62 15546 Orono Ind. School Dist. 278 1,111.05 15547 P.E.R.A. 4,867.89 15548 Pioneer -Sarah Creek 690.50 15549 Plymouth Supply 69.19 15550 Janet Polski 18.09 15551 Postmaster 32.00 15552 Randy's Sanitation 77.38 15553 Reynolds Welding 272.67 15554 Sewerman, Inc. 330.00 15555 T.L. Stevens Well Co., Inc 48.00 15556 Streicher's 136.10 15557 Suburban Alliance 702.00 15558 Superior Ford 173.60 15559 Twin City Office 338.65 19 ORDER CHECKS - FEBRUARY 6, 1996 (CONT'D) 15560 U.S. West Cellular 159.72 15561 U.S. West Communications 318.30 15562 Vaughn Display & Flag 45.54 15563 Randy Vergin 200.00 15564 Village Chevrolet 514.43 15565 Waterpro Supplies Corp 437.72 15566 Westside Wholesale Tire 32.82 15567 Wilkins Pontiac 109.38 15568 Wright Hennepin Sec. Svcs. 35.41 15569 Wright -Hennepin Electric 1,262.10 $316,381.98 PAYROLL CHECKS - FEBRUARY 6, 1996 14665 Steven T. Scherer $ 1,017.66 14666 Richard R. Rabenort 1,521.68 14667 Michael J. Rouillard 1,105.77 14668 Scott A. Stillman 1,226.91 14669 James D. Dillman 1,310.86 14670 Robert P. Dressel 1,206.41 14671 Edgar J. Belland 1,256.96 14672 Jeffrey E. Karlson 1,243.64 14673 Cecilia M. Vieau 743.52 14674 Ivan W. Dingman 129.29 14675 Laura L. Sulander 880.86 14676 Sandra L. Larson 751.67 14677 Joseph R. Heyman 1,002.54 14678 Jon D. Priem 851.36 14679 Anne E. Theis 207.79 14680 Ann C. Thies 138.52 14681 John B. Ferris 138.52 14682 Philip K. Zietlow 138.52 14683 James R. Johnson 138.52 14684 Steven T. Scherer 528.71 14685 Richard R. Rabenort 1,326.60 14686 Michael J. Rouillard 1,046.07 14687 Scott A. Stillman 1,138.09 14688 James D. Dillman 1,234.18 14689 Robert P. Dressel 574.13 14690 Edgar J. Belland 1,138.92 14691 Jeffrey E. Karlson 684.48 14692 Cecilia M. Vieau 383.63 14693 Laura L. Sulander 473.74 14694 Sandra L. Larson 431.22 14695 Joseph R. Heyman 880.20 14696 Jon D. Priem 851.36 $25,702.33