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HomeMy Public PortalAbout03/21/00 CCM35 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 21, 2000 The City Council of Medina, Minnesota met in regular session on March 21, 2000 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, Johnson, and Smith. Members absent: None. Also present: Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Glenn Cook, Planning & Zoning Administrator Loren Kohnen, and Administrator -Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Approval of Gambling License for the Hamel Fire Department Pull Tabs. B. Approval of Gambling License for Uptown Hamel Association Raffle. C. Update on Squad Car Repair. D. Joint Meeting Between Hennepin County and City Council. Moved by John Hamilton, seconded by Phil Zietlow, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from March 6, 2000 Moved by Jim Johnson, seconded by Carolyn Smith, to approve the March 6 Council minutes as presented. Motion passed unanimously. 3. Approval of the Consent Agenda A. Approve Lease Agreement with Hennepin County for Election Equipment. B. Resolution 00-08 Authorizing Final Plat Approval for Turnham Addition. C. Resolution 00-09 Approving Gambling License for the Hamel Fire Department. D. Approval of Gambling License for Uptown Hamel Association. Moved by Jim Johnson, seconded by Carolyn Smith, to approve the consent agenda. Motion passed unanimously. 4. Comments from Residents in Attendance on Items Not on the Agenda There were none. 5. Park Commission Comments Jim Dillman said the Hamel Legion Park picnic shelters were completed. He also said that Dorothy Anderson volunteered to donate money for new bleachers at the Hamel Legion Park. 6. Planning Commission Comments Loren Kohnen said there was one item from the Planning Commission agenda. This item is on tonight's agenda. He said the Planning Commission held elections at their last meeting and Lenny Leuer was elected Chair and Elizabeth Weir was elected Vice Chair. 7. Variance Request for 2992 Ardmore Avenue from New Concepts, Inc. Loren Kohnen said this property was zoned urban residential. He said the house on the property had been damaged by fire several years ago and that the property owner wishes to sell the property to New Concepts. He said New Concepts wishes to remove all the structures from Medina City Council Meeting Minutes March 21, 2000 36 the site and construct a new two-story home with an attached garage. He said that this house would be set farther back from the lake, however, it still would be located in the 100-year flood plain. He said there were several variances that would be required for construction of this house. One was a front yard variance of 14.5 feet and the second was a rear yard variance of 23.2 feet. He said the hardships recommended were the size of the existing lot, the dimensions of the lot, and the existing 100-year flood plain elevation. Kohnen read the five conditions approved by the Planning Commission. There was some discussion about the flood plain elevation mark and whether or not there would be fill brought in to raise it slightly. Kohnen said there is a slight slope on the property and that they would need to raise it up a little. John Hamilton said this would be a nice improvement along that section of Lake Ardmore. Jim Johnson asked if we had ever granted this type of variance before. Loren Kohnen said, yes, similar variances had been granted. There was some discussion about the garbage and other items left on the City's property next to this lot. That property was to be cleaned up before the issuance of a building permit. Moved by Jim Johnson, seconded by John Hamilton, to approve the variance with the existing five conditions and with the added condition that no building permit be issued until this property and the property next to it, owned by the City, were cleaned up. Motion passed unanimously. 8. Request from Ron Musich, 2715 Pioneer Trail, to Amend Pool Ordinance Requiring Fencing Ron Musich had recently received a letter from the Planning and Zoning Administrator notifying him that he was required to install a fence around his pool as per the City's pool ordinance. Musich asked the City Council to consider modifying this ordinance to exclude fencing around pools for homes/pools on larger lots. There was some discussion about the distance that his pool was away from the property line. Nobody knew at this point exactly what that distance was. Musich estimated that it was around 500 feet to his neighbor to the west and 1,000 feet to the north. John Hamilton asked how many other pools in the City were like this. Loren Kohnen said that he did not know off the top of his head. He knew that there were a few others. Medina City Council Meeting Minutes March 21, 2000 37 Ron Musich said that he was not sure why pools would be any different than a pond. He said there are a number of ponds around the City that are not required to be fenced. Loren Kohnen said that one of the differences between a pool and a NURP pond, is that a NURP pond has to have a very gradual entrance. A 20 foot wide NURP pond is actually only one foot deep. There was some additional discussion about the varying lot sizes on which pools are located. There was some consensus that it made more sense to require fencing especially in higher density areas. However, they were willing to consider that it may be possible on larger lots to eliminate or modify the fence requirement. Some other type of barrier such as a fence around the property may be possible instead. There was some discussion about liability insurance and who takes on the risk. It was stated that the property owner would take on the risk and that this would be something the homeowner would have to negotiate with their insurance company. Ron Musich said that Orono does not require a fence. Loren Kohnen said that a majority of the cities around us do, such as; Independence, Greenfield, Corcoran, Rogers, Plymouth, and Maple Grove. Jim Johnson said that this seemed like a safety issue that the City should be concerned about. He was not in favor of modifying this ordinance. Council Members wanted additional information before making a determination whether or not to modify the ordinance. They asked Staff to provide the number of pools currently in the City, the actual distance of Mr. Musich's pool to the property line, and a list of potential modifications and the potential impacts of any modifications. John Ferris said City Council Members should think about this ordinance between now and the next Council Meeting. 8. Individual Sewage Treatment Ordinance (ISTS) Loren Kohnen said as a part of the approval of the Comprehensive Plan, the Metropolitan Council is requiring cities to have a septic system maintenance program. He said tonight the City Council has a copy of a proposed maintenance ordinance that would be used in conjunction with the City's ISTS ordinance. Phil Zietlow asked why maintenance was required every three years instead of every five years. There was some discussion about how often maintenance was required. A majority of Council Members wanted to keep it at three years. Loren Kohnen explained some of the overall goals of the ordinance. He said they were trying to have people take part in the maintenance program so that when people who have non- conforming(failing) systems sell their homes, they are not required to replace their systems, unless their system is an imminent health threat. Medina City Council Meeting Minutes March 21, 2000 38 Kohnen said if property owners do not take part in the maintenance program, they would be required to replace non -conforming systems at the point of sale or after a certain amount of time, whatever the City chooses. There was some discussion about a point of sale requirement in the ordinance. Overall, the Council had a number of concerns with having a point of sale requirement in the ordinance. Ron Batty said that a number of different cities do regulate different things at the point of sale. Most place restrictions on filing the deed. However, this would be a much more aggressive approach than the City has taken before on other issues. There were some questions about the cost of a maintenance inspection. Loren Kohnen said that it varies in cost. He said they provide maintenance inspections in Woodland for $30. There was some discussion about a provision requiring the City to inspect and maintain systems that had not completed a maintenance report. After some discussion, the Council was not very comfortable with this requirement. It was recommended that the word "shall" be changed to "may" Paul Robinson said if the City chooses not to pass a maintenance ordinance and/or septic ordinance, the City would be automatically be covered under Hennepin County's ordinance. There was some additional discussion about the point of sale. Carolyn Smith thought that one of the main reasons for this particular program was to make sure that systems that are environmental hazards are removed, replaced, or repaired. She thought that the inspection and maintenance of septic systems would foster the City's goal of maintaining a permanent rural area by minimizing or eliminating the need for City sewer services in the permanent rural area of Medina. Phil Zietlow was concerned about the additional financial burden this ordinance would place on property owners that do not have manholes on their septic tanks. He said the PCA 7080 rule evidently requires tanks to be pumped through a manhole. He said there are a number of systems out there without manholes. Installation of a manhole is going to cost between $500- $2,000. He wanted the Council to know that this program comes with a cost. There was some discussion about how much this program would cost the City to implement. Paul Robinson said, initially, there would be some set up costs — several days of setting up the system etc. He said on an annual basis it would not be a significant cost. However, the first year will probably take a significant amount of Staff time. There was some additional discussion about the point of sale requirement. Loren Kohnen said currently, there is a notification requirement in State law that if a compliance inspection is done on a system, a copy of that report is sent to the local government. Medina City Council Meeting Minutes March 21, 2000 39 Ron Batty said if the City was interested in a point of sale requirement. The best way to accomplish that was to make the filing of the deed contingent upon an inspection. There was still a great deal of concern about the point of sale requirement and some confusion about whether or not a point of sale requirement was required as part of the maintenance program. After some additional discussion, Staff was directed to work on this ordinance and address the type of maintenance program required, how often maintenance was required, and what rules apply. (7080 rules verses Metropolitan Council). 9. Comprehensive Plan Implementation Committee Update Paul Robinson said the Comprehensive Plan Implementation Committee (CPIC) approved a draft of the PUD ordinance for consideration by the Planning Commission. They also requested that the Planning Commission hold a public hearing as soon as possible and set a public hearing date for April 25. Additionally, the CPIC asked to have the ordinance reviewed by the city attorney before it goes to the Planning Commission and wanted the City to have Pat Hunt, the lighting consultant from the HGA, draft different language for the lighting sections of the ordinance. The City Council was okay with having the city attorney review the PUD. They also approved between $300 and $500 for the drafting of the lighting language. The Council directed Staff to publish notification for the public hearing on the 25th Moved by Carolyn Smith, seconded by Phil Zietlow, to authorize Staff to hire Pat Hunt to draft lighting language for the PUD, request a review of the ordinance by the city attorney, and set a public hearing date for April 25, 2000. Motion passed unanimously. 10. Comprehensive Plan Update Paul Robinson went through the task list on the incomplete letter from the Metropolitan Council. He said that the staff has been working on this for about six weeks. There are a number of issues that are done, but there are a number of outstanding issues. He promised the City Council that the remaining outstanding issues would be completed by the next Council meeting and brought to the City Council for approval. Robinson reviewed the revised calculations for households and employment. Robinson said that on Monday of next week, he, Jim Dillman, Glenn Cook, and several other engineers from BRAA were going to sit down and review the sewer and water calculations and address any outstanding issues in the water supply plan. 11. Willow Drive Water Tower Jim Dillman said the water tower needed painting. He said in his memo there were two issues. One was the painting of the exterior of the water tower which would cost around $20,000 and the other was the painting of the interior of the water tower which could cost around $300,000. Phil Zietlow asked why they were looking to take the money for painting the water tower out of the environmental fund. Medina City Council Meeting Minutes March 21, 2000 40 Jim Dillman said it could be taken out of the water fund. The consensus of the Council was to take it out of the water fund. There was some discussion about the cost to paint the interior. Cook said painting the interior was not recommended at this time, but would be something the City would need to look at within the next five years. There was some discussion about building a new water tower instead of painting the interior, since it may be more cost effective. At this time, Glenn Cook said a new water tower would cost between $500,000-$600,000. Jim Dillman recommended the water tower be painted white with dark blue lettering. Carolyn Smith thought that light blue would be a better color with dark blue lettering, and did not like the current earth tone or beige color of the water tower. Moved by Carolyn Smith, seconded by John Hamilton, to approve painting the water tower light blue with dark blue lettering. Motion passed unanimously. 12. Evergreen Road Improvement No additional information at this time. 13. Water Rates Jim Dillman said the finance committee met to discuss modifying the water rates for commercial and residential accounts. He said the committee's recommendation was for creating block rates for residential accounts and a modified block rate for commercial accounts. The commercial accounts first block rate would be based on their first quarter water usage. Any amount over the first quarter usage in the 2-4th quarters would be charged at a higher rate. Dillman said that the main reasons for this change are to encourage water conservation, limit water usage in the summer, and raise additional revenues in the water fund. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the increased water rates and $2, 000 modification of the City's utility billing program. Motion passed unanimously. 14. Establish Joint Meeting Between Hennepin County & the City. The Council discussed setting up a meeting with the County to see what they are doing on CR 101 and Hamel Road. The Council decided to set up a special meeting at 6:00 p.m. before the regularly scheduled meeting. This meeting would also include an informal meeting with residents on Willow Drive at 7:00 p.m. Moved by Jim Johnson, seconded by Carolyn Smith, to set up a special meeting from 6:00 to 7:30 p.m. before the next Council meeting. Motion passed unanimously. 15. Approval of an Amplification System Paul Robinson said that an amplification system was tested at the last Comprehensive Plan Implementation Committee meeting. He said it was very effective and allowed all the people Medina City Council Meeting Minutes March 21, 2000 41 that were in the audience to hear much better. He said people in attendance appreciated the amplification. Moved by Jim Johnson, seconded by Carolyn Smith, to approve the amplification system purchase. Motion passed. Phil Zietlow was opposed. 16. Update Squad Car 114 Jim Johnson said that squad car 114 had been in an accident early last year. He said this squad car now needs between $4,000 to $5,000 in repairs. He said instead of repairing this car, Ed Belland recommended replacing it with a new car and keep the older squad 111 scheduled to be replaced later this year. All Council Members were okay with the Chief's recommendation. 17. Pay the Bills Moved by Jim Johnson, seconded by Carolyn Smith, to approve the bills, order check numbers 20810-20853 for $331,288.60, and payroll check numbers 16503-16517 for $16,074.59. Motion passed unanimously. 18. Executive Session Moved by Phil Zietlow, seconded by John Hamilton, to close the meeting and go into executive session for attorney/client privilege to discuss. Motion passed unanimously. Moved by Phil Zietlow, seconded by John Ferris, to reconvene the regular session. 25. Adjournment Moved by Carolyn Smith, seconded by John Ferris, to adjourn the meeting at 10:20 p.m. Motion passed unanimously. n B. Ferris, Mayor Paul Robinson, Administrator -Clerk -Treasurer Medina City Council Meeting Minutes March 21, 2000 42 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes March 21, 2000 43 ORDER CHECKS - MARCH 21, 2000 20810 ORCHARD TRUST CO $1,105.00 20811 P.E.R.A. $3,203.12 20812 AIR TOUCH CELLULAR 54.50 20813 AMERICAN EXPRESS $58.56 20814 CY'S UNIFORMS $601.80 20815 ERICKSON, ROLF ENT., INC. $3,191.64 20816 FIRSTAR BANK $257,585.00 20817 FORTIN HARDWARE $48.02 20818 GATEWAY 2000 $237.50 20819 GENUINE PARTS $132.46 20820 GLENWOOD INGLEWOOD $98.00 20821 GOPHER STATE ONE CALL $112.00 20822 GOVERNMENT TRAINING $99.00 20823 HAMEL FIRE DEPARTMENT $10,000.00 20824 HAWKINS WATER TREATMENT $105.00 20825 HENNEPIN CO. DISTRICT $25,500.00 20826 HENNEPIN COUNTY $92.01 20827 HENNEPIN COUNTY $293.75 20828 HENNEPIN COUNTY $1,473.74 20829 KENNEDY & GRAVEN $5,196.97 20830 KUSTOM SIGNALS, INC. $95.20 20831 LAKE BUSINESS SUPPLY $432.57 20832 LAW ENFORCEMENT LABOR $528.00( 20833 LONG LAKE, CITY OF $3,625.25 20834 MAPLE GROVE, CITY OF $216.00 20835 MCGILL, CHRISTOPHER $50.00 20836 MEDICA $226.20 20837 MEDINA POLICE DEPT.-PETTY $83.67 20838 METRO.000NCIL ENVIRO. $8,604.00 20839 MIDWEST AUTOMOTIVE $297.94 20840 MINN COMM $30.69 20841 MOTHERS MOTORS/LORETTO $67.25 20842 NEXTEL WEST CORP $551.25 20843 NORTHERN STATES POWER $1,083.66 20844 OIL AIR PRODUCTS $27.16 20845 PRUDENTIAL INSURANCE CO. $149.75 20846 REYNOLDS WELDING $21.62 20847 SCHARBER & SONS, INC. $59.22 20848 SCHOENING EXC. $3,500.00 20849 SKYWAY PUBLICATIONS, INC. $36.25 20850 STREICHER'S $110.32 Medina City Council Meeting Minutes March 21, 2000 44 ORDER CHECKS - MARCH 21, 2000 (CONT'D) 20851 TALLEN & BAERTSCHI $2,083.41 20852 U.S. WEST COMMUNICATIONS $85.20 20853 VALVOLINE FLEET SERVICES $135.92 $331,288.60 PAYROLL CHECKS MARCH 13, 2000 16503 ROBINSON, PAUL A. $1,092.22 16504 SCHERER, STEVEN T. $1,030.26 16505 MCGILL, CHRISTOPHER R. $1,079.52 16506 ROUILLARD, MICHAEL J $680.24 16507 KROEGER, SCOTT W. $1,169.33 16508 DILLMAN, JAMES D. $1,542.32 16509 DRESSEL, ROBERT P. $958.25 16510 BELLAND, EDGAR J. $1,880.25 16511 VIEAU, CECILIA M. $933.03 16512 SULANDER, LAURA L. $1,024.02 16513 LARSON, SANDRA L. $867.43 16514 BOECKER, KEVIN D. $341.92 16515 PRIEM, JON D. $1,253.08 16516 CHRISTENSON, JEREMY L. $1,047.13 16517 NYSTROM, JAMES $1,175.59 $16,074.59 Medina City Council Meeting Minutes March 21, 2000