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HomeMy Public PortalAbout04/04/00 CCM51 REGULAR MEETING OF THE MEDINA CITY COUNCIL, APRIL 4, 2000 John Ferris opened up the regular meeting of the Medina City Council at 8:05 p.m. Members present: Ferris, Hamilton, Johnson, Smith, and Zietlow Also present: Police Chief Ed Belland, Attorney Ron Batty, City Engineer Glenn Cook, Planning & Zoning Administrator Loren Kohnen, City Attorney Bob Vose, and Administrator - Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Property line dispute in the Hamel Area. B. Retail/Commercial Use in the Rural Residential Area. C. Update on the Landfill. D. Update on the Holy Name Sewer Project. Moved by John Hamilton, seconded by Carolyn Smith, to approve the agenda as amended. Motion passed unanimously. 2. Moratorium Removal Request Loren Kohnen said currently all of the property in the southwestern corner of the City is developed or being developed. The only undeveloped commercial property has an approved CUP. Mr. Rudd (who was requesting that the moratorium be lifted) wants to be able to plat his property so he can work with MnDOT to get financing for the frontage road that would extend through his property to Townline Road. He said this issue has been worked by both Medina and Orono over the past several years. The frontage road will also allow the access over the railroad to be closed as a part of the Highway 12 Improvement Project. Jim Johnson said he was concerned that lifting one portion of the moratorium will empower other people to request being lifted from the moratorium. He wanted to know why this property is different. There was some discussion concerning the reasons this property was unique. Three reasons were listed. This property is in a zoning district that will not have significant modifications, allowing this plat to move forward will facilitate a significant safety improvement project along Highway 12, and this property is separated from the commercial area by TH 12 and the railroad and will not be impacted by commercial or residential buffering requirements . Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the amended moratorium ordinance to withdraw the residential property in the southwest corner of the City from the moratorium. Motion passed unanimously. 3. Approval of the March 21, 2000 Minutes Tabled until the next meeting. 4. Consent Agenda A. Resolution 00-10 Granting Setback Variances to Jeannie Didier and Darryl Schumann for 2992 Ardmore Avenue. B. Approval of Hamel Legion Post 394 Consumption and Display Permit. C. Approval to Extend Resolution 99-44 Preliminary Plat Approval to Steve & Wilfred Scherer. Medina City Council Meeting Minutes April 4, 2000 52 Moved by Jim Johnson, seconded by John Hamilton, to approve the consent agenda. Motion passed unanimously. 5. Comments from Residents in Attendance on Items Not on the Agenda There were none. 6. Park Commission Comments There were none. 7. Planning Commission Comments Lenny Leuer said at the next Council meeting, the watershed district was invited to discuss a draft of proposed changes to their rules and standards. He said he has a number of concerns with these changes, especially in areas where smaller commercial lots are to be developed. Leuer believes it will be very difficult for smaller commercial lots to comply with their proposed requirements. Phil Zietlow said he looked forward to talking to the watershed district about this. Hopefully their answer is not NURP ponds. Loren Kohnen said next week the Planning Commission is going to be addressing the PUD ordinance written for PUD1 and PUD2 properties in the Comprehensive Plan. There was a suggestion that Council Members attend this meeting, especially those that were on the Comprehensive Plan Implementation Committee. 8. Willow Drive There was some discussion about Willow Drive. The City Council wanted to pass on to the public works director some issues that needed to be addressed, especially issues concerning the posted speed of the road, and the potential for regulating the weight of the road. Additionally, the public works director(not in attendance) was directed to buy some signs with horse riders on them to alert people that horse riders may be present in this area of the City. John Hamilton said if the City starts to post speed limits under the statutory limit, how are we going to regulate speed anywhere. Nobody will ever take the speed limit seriously and we won't be able to enforce them. Ed Belland said that last year there was some additional authority given to cities for regulating speed. Bob Vose, City Attorney (filling in for Ron Batty), said that may be true. He believes cities had been given greater authority for regulating speed and would check into that. He said there are interstate commerce laws regulating weight restrictions. He said the City has to have a rational basis for limiting weight besides trying to limit the amount of trucks on a road. There was also some discussion about trying to create a better trail for horse riders in the City so that in the spring, horse riders would have an actual gravel trail to ride on and not have to ride on the City roads. This issue was directed to the Park Commission for discussion. They were to research this issue and come back to the City Council with some ideas. Administrator -Clerk -Treasurer was directed to add Willow Drive on the next Council agenda. Medina City Council Meeting Minutes April 4, 2000 53 9. Request from the Public Works Director to Chip the Loq Pile Since the City is currently under a burning restriction ban the public works director requested approval to contract a wood chipper to chip the City's brush/log pile. Moved by Jim Johnson, seconded by Carolyn Smith, to approve the $2, 000 to chip the brush/log pile. Motion passed unanimously. 10. Approval for the Final Payment for Chippewa/Mohawk Glenn Cook said this project is now complete and ready for final payment. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the final payment request. Motion passed unanimously. 11. Update on the Comprehensive Plan Paul Robinson reviewed some of the issues in the letter to the Metropolitan Council. He said he would need approval from the City Council to submit this information request. He said he would amend the letter to include a statement that the Council directed Staff to submit the information request, however, formal Council action (a public hearing) was not taken to adopt the Comprehensive Plan changes as submitted. Robinson said this could be done within the next two months. He said, as discussed at the last meeting, the Council will wait for any additional comments or feedback that may require additional changes to the Comprehensive Plan before holding a public hearing. John Ferris asked what issues needed to be addressed and required Council action. Robinson said the Council needs to approve this letter and its contents. One of the issues within the letter that needs separate action is the issue concerning adoption of the individual sewage treatment system (ISTS) maintenance program. He said the letter states that the Council will agree to adopt an ordinance by June 7 or adopt the County's ordinance. Moved by Carolyn Smith, seconded by John Hamilton, to state that the City Council of Medina will adopt an ISTS maintenance ordinance by June 7, 2000. Motion passed unanimously. Robinson went through a number of changes in the Comprehensive Plan. He said he would address any significant differences from the one that was initially submitted to the Metropolitan Council. He said one of the more significant changes was the factor used in calculating the sewer capacity/usage. He said this change also affected the water usage projections. Another significant change was an increase in the employee projections. He said initially he was going to use the Metropolitan Council number, however, after further research, it did not make reasonable sense to stick with the Metropolitan Council employee number. Robinson said currently, the City has around 250 developed acres with almost 3,000 employees. By 2020 the City will have around 750 net acres. Based on that I changed the number of employees to be added from 1,000 to 1,500 to 5,000 employees by 2020. Jim Johnson said he had some concerns with this number and also with the related increase in the sewer capacity number. He had suggested in the past that the City constrain the amount of commercial development. He was not in favor of fully developing the entire commercial area by 2020. He wanted to consider staging the area or taking out some of the commercial area from the 2020 and putting it into a 2040 area. Medina City Council Meeting Minutes April 4, 2000 54 Robinson said that he could look into potentially setting capacity limitations for staging versus a geographical staging, but that is something we could address before the Comprehensive Plan is finally adopted. He said that right now, it may be better to move forward with review of the Comprehensive Plan. He said that type of change would probably be considered more restrictive and not delay the approval of the Comprehensive Plan. After significant amount of discussion on this issue, the consensus of the Council Members was to leave the calculations as they were in this draft of the Comprehensive Plan. However, the Council was okay with addressing the issue of sewer capacity staging limits in the commercial area at some future point in the Comprehensive Plan approval process. Phil Zietlow thought the sewer increase was fairly significant. Robinson said he initially calculated the sewer numbers using 450 gallons per day per net acre(as was included in a previous draft of the Comprehensive Plan) versus 750 per gallons per day per net acre (as is included in the current Comprehensive Plan). He said this significantly increased the total amount of capacity required by the City. However, this is more of a design calculation than an actual capacity calculation. He said the current usage per net acre for commercial industrial uses in Medina today is around 450 gallons per net acre. After some additional discussion, there was a motion. Moved by John Hamilton, seconded by Carolyn Smith to approve submitting this information to the Metropolitan Council. Motion passed unanimously. Robinson said that he would need approval for a resolution stating that the City would implement the Metropolitan Council's non -point source pollution interim strategy. Moved By Carolyn Smith, seconded by Phil Zietlow, to approve Resolution 00-11 Adopting The Metropolitan Council's Interim Strategy to Reduce Non -Point Source Pollution. Motion Passed Unanimously. 12. Consideration of an Amendment to the Pool Ordinance. John Hamilton said that after looking at the information provided, especially the 196 feet setback of Mr. Musich's current pool, it was his opinion that it would not be worthwhile for the City Council to consider modifying this ordinance. It would have too broad an impact on other properties in the City. John Ferris asked if there were any other Council Members interested in modifying the ordinance at this time. There were none. There was no action taken. 13. Individual Sewage Treatment System Ordinance Modification & Maintenance Program Paul Robinson said he and Loren Kohnen had been working on this ordinance over the past several days. He said they tried to address a number of concerns that the Council had at the last meeting such as taking out the point of sale requirement. He said this version was not being presented for City Council adoption, but more for discussion. He said there are several options. The City Council discussed this ordinance and directed it to be placed on the next Council agenda for additional discussion and potential adoption. Medina City Council Meeting Minutes April 4, 2000 55 14. Property Line Dispute in the Hamel Area Loren Kohnen said there was an issue concerning two property owners in the Uptown Hamel area. He said the City would not typically be involved in such disputes, but one resident has actually placed a fence pole in the middle of the sidewalk. They did this because their survey showed that location as the corner of their lot. However, a more recent survey shows a different location, not in the middle of the sidewalk. Loren Kohnen said he confirmed with Glenn Cook, the city engineer, that the more recent survey was the more accurate one and the one that should be used. Therefore, he was requesting permission to have the post removed by the property owner. Consensus was to have Loren handle this and send the property owner a letter to have the post removed from the sidewalk. 15. Commercial Use in a Residential Area Loren Kohnen said he recently received some complaints about a commercial use in the rural residential area, specifically the Gregor Greenhouse. The complaint was regarding the traffic and other negative impacts that the greenhouse was having on a primarily residential area. Kohnen said this use is considered agricultural by the owners. However, in order to be considered an agricultural, everything you sell needs to be produced on your property. There was some discussion about this. Since there was some concern that this particular use could actually expand and become more of a problem for the residential area, two City Council Members and the planning & zoning administrator were directed to set up an informal meeting to talk with the owner of the business before taking any action on this issue. 16. Update on the Landfill Loren Kohnen said soon the PCA will be taking over the landfill in Medina. The PCA does not want to maintain all of the monitoring wells as per the Conditional Use Permit. There are a number of other issues as well. Kohnen wanted to let the Council know that this was going on and that the our engineer who has been monitoring the landfill will be coming to a future Council meeting to update the City Council. 17. Holy Name Sewer & Water Update Loren Kohnen wanted to let the City Council Members know that he had received signatures from all of the homeowners affected by this sewer and water main project. He now has 19 signatures. 18. Pay the Bills Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the bills, order check numbers 20854-20898 for $318,927.39, and payroll check numbers 16518-16537 for $17,338.92. Motion passed unanimously. 17. Adjournment Moved by John Hamilton, seconded by Carolyn Smith, to adjourn the meeting at 10:05 p.m. Motion passed unanimously. Medina City Council Meeting Minutes April 4, 2000 56 B. Ferris, ayor Paul Robinson, Administrator -Clerk -Treasurer Medina City Council Meeting Minutes April 4, 2000 57 ORDER CHECKS - APRIL 4, 2000 20854 ORCHARD TRUST $1,105.00 - 20855 P.E.R.A. $3,315.31 20856 AIR TOUCH CELLULAR $1.17 20857 ALLSTAR ELECTRIC $7,955.11 20858 ANDERSON, EARL F $586.29 20859 ANOKA RED-E-MIX $466.74 20860 AWWA $137.00 20861 BELLAND, EDGAR $108.72 20862 BONESTROO, ROSENE, ANDERLIK $6,143.28 20863 BROCK WHITE $234.30 20864 BUDGET PRINTING $120.66 20865 CLASSIC CLEANING $287.55 20866 DELTA DENTAL $778.85 20867 E-Z-RECYCLING $2,552.22 20868 ESS BROS. & SONS, INC. $72.42 20869 FORTIS BENEFITS $246.76 20870 GRAFIX SHOPPE $606.99 20871 HAWKINS WATER TREATMENT $1,928.89 20872 HENNEPIN CO.TREAS.,ACCTG.SVCS. $906.50 20873 KATOLIGHT CORPORATION $816.70 20874 LAKE BUSINESS SUPPLY $15.94 20875 LEAGUE OF MN CITIES INS.TRUST $600.00 20876 LEAGUE OF MN CITIES, FIN. DEPT $53.02 20877 LMCIT $24,708.00 20879 MEDICA CHOICE $6,296.55 20880 METRO UTILITIES, INC. $17,096.30 20881 METRO WEST INSPECTION $37,456.30 20882 METROCALL $5.37 20883 MINNEGASCO $241.67 20884 MINNESOTA CHILD SUPP. PYT.CTR. $595.00 20885 MINNESOTA COUNTY ATTORNEYS $34.70 20886 MUNICIPALS $50.00 20887 NORTHERN STATES POWER $2,284.87 020888 RANDY'S SANITATION $107.44 20889 SKYWAY PUBLICATIONS, INC. $36.25 20890 SNAP -ON TOOLS $255.81 20891 STREICHER'S $300.98 20892 THIBAULT ASSOCIATES $945.00 20893 TRI STATE PUMP $521.49 20894 U.S. WEST COMMUNICATIONS $523.69 20895 USPS $500.00 Medina City Council Meeting Minutes April 4, 2000 58 ORDER CHECKS - APRIL 4, 2000 (CONT'D) 20896 VISU-SEWER CLEAN & SEAL $16,275.00 20897 WRIGHT-HENNEPIN ELECTRIC $1,374.70 20898 XEROX CORPORATION $278.85 $138,927.39 PAYROLL CHECKS - MARCH 27, 2000 16518 HAMILTON, JOHN A. $138.52 16519 SMITH, CAROLYN A. $138.52 16520 FERRIS, JOHN B $207.79 16521 ZIETLOW, PHILIP K. $138.52 16522 JOHNSON, JAMES R. $138.52 16523 ROBINSON, PAUL A. $1,092.22 16524 SCHERER, STEVEN T $1,030.26 16525 MCGILL, CHRISTOPHER R. $1,097.55 16526 ROUILLARD, MICHAEL J $743.32 16527 KROEGER, SCOTT W. $1,500.17 16528 DILLMAN, JAMES D. $1,542.32 16529 DRESSEL, ROBERT P. $958.25 16530 BELLAND, EDGAR J. $1,880.25 16531 VIEAU, CECILIA M. $966.96 16532 SULANDER, LAURA L. $1,024.02 16533 LARSON, SANDRA L. $867.43 16534 BOECKER, KEVIN D. $341.92 16535 PRIEM, JON D. $1,304.38 16536 CHRISTENSON, JEREMY L. $1,004.33 16537 NYSTROM, JAMES $1,223.67 $17, 338.92 Medina City Council Meeting Minutes April 4, 2000