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Home My Public Portal About04/16/96 CCM54 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 16, 1996 The City Council of Medina, Minnesota met in regular session on April 16, 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: Public Works Director Jim Dillman, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, and City Clerk -Treasurer Jeff Karlson. 1. Adoption of the Agenda MOVED BY FERRIS, SECONDED BY JOHNSON, TO ADOPT THE PUBLISHED AGENDA WITH THE FOLLOWING ADDITIONS: • ROLLING GREEN COUNTRY CLUB — REQUEST FOR A DNR-SPONSORED GOOSE ROUNDUP • M & P UTILITIES — REQUEST FOR SEWER HOOKUP • UPDATE OF MIKE LARSON ZONING VIOLATION • DISCUSSION OF BILL CAVANAUGH NUISANCE VIOLATION MOTION PASSED UNANIMOUSLY. 2. Consent Agenda MOVED BY FERRIS, SECONDED BY ZIETLOW, TO APPROVE THE CONSENT AGENDA, AS FOLLOWS: • RESOLUTION NO. 96-14, "RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO DONALD LAURENT FOR SOUTH CREEK ADDITION" • RESOLUTION NO. 96-15, "RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 289 BY TITLE AND SUMMARY' • APPROVAL OF LAWFUL GAMBLING LICENSE FOR CYSTIC FIBROSIS FOUNDATION TO CONDUCT A RAFFLE AT ROLLING GREEN COUNTRY CLUB MOTION PASSED UNANIMOUSLY. 3. Minutes MOVED BY JOHNSON, SECONDED BY ZIETLOW, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 2,1996, AS AMENDED, AS FOLLOWS: • PAGE 3, PARAGRAPH 2, TO READ, "...TO PROVIDE CITY SERVICES..." • PAGE 4, ITEM 6, PARAGRAPH 4, TO READ, "...WITH THE EIGHT CONDITIONS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION." • PAGE 5, ITEM 12, LINE 6, TO READ, "...NEXT 20 DAYS." MOTION PASSED UNANIMOUSLY. 55 4. Rolling Green Country Club — Request for Goose Roundup Curt Hedeen said the Rolling Green Country Club was seeking authorization to participate in the DNR Goose Removal Program to limit the number of geese occupying its property. Hedeen said the program had been in existence since 1982 and was managed by Dr. Jim Cooper of the University of Minnesota. Hedeen said the adults were used to stock the food shelves and the goslings were relocated. MOVED BY FERRIS, SECONDED BY ZIETLOW, TO AUTHORIZE THE ROLLING GREEN COUNTRY CLUB TO PARTICIPATE IN THE DNR GOOSE REMOVAL PROGRAM AND TO DIRECT STAFF TO PREPARE A RESOLUTION GRANTING THE REQUEST, IF NEEDED. MOTION PASSED UNANIMOUSLY. 5. MCWD/Medina Cooperative Agreement Ron Batty said he received a letter from Louis Smith, attorney for the Minnehaha Creek Watershed District, which stated that the MCWD still believed each city should contribute monetarily or in -kind toward a maintenance fund to cover sediment removal costs for all of the wet detention ponds in Medina, Long Lake, and Orono. Batty pointed out that much of the redraft of the cooperative agreement had to do with Medina keeping the option to maintain the Deer Hill pond at its own expense. Phil Zietlow said he asked MCWD Manager Tom LaBounty what the status of the monitoring was. Zietlow was concerned that without raw data, the numbers could be massaged. He believed very little phosphorous was going into the Deer Hill pond. Shawn Gustafson said he asked Mike Panzer of Wenck Associates when the automatic flow sampler would be installed. Gustafson said if the city wanted to do grab sampling in the meantime, it would be expensive and unreliable. Gustafson emphasized that the automatic flow sampler was needed to obtain reliable raw data. Ron Batty said there was some discussion about including a requirement that raw data be provided to Medina, but without the cooperative agreement, the MCWD was not obligated at this time to provide raw data. Ann Thies pointed out that the agreement was supposed to be completed within 90 days. She said the conditional use permit might be invalid. Batty said there wasn't much that could be done. The pond was completed. He said approving large projects by a conditional use permit presented practical problems. Batty said his recollection of the December 20, 1995 meeting with the MCWD was that the city was given the option of maintaining the pond according to the District's specifications and time schedule. Batty said they did not talk about Medina contributing to all the ponds. He pointed out that one -sixth of the estimated cost —as specified in the original agreement —could exceed $7,000 a year; or it could be less. 56 Gustafson said Orono agreed to pay only $2,000 a year toward the maintenance fund. However, the MCWD was going to tax Orono residents for the difference. Batty suggested writing a letter to Louis Smith stating the city's position. He noted that the Wahlfors' had brought an injunction to have the MCWD declared in contempt for failing to build the pond according to plans. Batty said he and Shawn Gustafson would engage in fact-finding and lay out a long and short list of options the council could look at. 6. Hans Hagen Homes Proposed Development Phil Zietlow and Mayor Theis reported the results of their April 5, 1996 meeting with representatives from Maple Plain, Independence, and Hennepin Parks regarding the housing development proposed by Hans Hagen Homes. The purpose of the meeting was to determine the feasibility of obtaining water service from Maple Plain for the proposed development of affordable single family homes. In a memo to the council, Phil Zietlow laid out several issues which were raised at the meeting, including the following: 1. The Highway 12 and Co. Rd. 29 intersection may be modified to move Highway 12 north 50-75 feet, as well as moving Co. Rd. 29. 2. Hennepin Parks is concerned about increased phosphorous runoff to Katrina Lake. 3. Hennepin Parks is also concerned about potential water backup and flooding due to undersized culverts under the bike path. 4. Hennepin Parks is concerned about the compatibility of a dense development like this next to the park. A fence may be required to limit potential encroachment and accessibility to the park. 5. Maple Plain is concerned that all public service problems are going to be their problem (i.e. police, traffic, water runoff, etc.). 6. Medina has an affordable housing issue to resolve with the Met Council. 7. Maple Plain is not ready to start a precedent by supplying water outside its boundaries. Loren Kohnen said Guy Peterson from the Met Council told him that they would ask the city to provide a water conservation plan and a stormwater runoff plan to amend the comprehensive plan. However, the Met Council would not ask the city to provide this for a minor comprehensive plan amendment. Zietlow said an option might be to suggest that Maple Plain annex this land and ask the Met Council to credit Medina for the affordable housing units. Kohnen said he looked into this and was told that the Met Council would not credit Medina for affordable housing units if they were not within the city. Jim Johnson said if the council was serious about bringing affordable housing into Medina, they should direct the Planning and Zoning Commission to look into other 57 areas where affordable housing could be developed and revise the comprehensive plan and any ordinances that would apply to this type of development. Johnson said he wanted a picture of what the council could expect if affordable housing was brought into Medina. Zietlow said the fact that Medina had to resolve the affordable housing issue with the Met Council did not mean there was an urgency to do so. Kohnen pointed out that the Met Council wanted the city to let developers know that it was willing to work with them to provide affordable housing in Medina. 7. Hamel Athletic Club — Request for Renewal of 3.2 Beer License Tom Anderson, president of the Hamel Athletic Club, asked the council to renew the Club's seasonal on -sale non -intoxicating malt liquor license to sell 3.2 beer at Hamel Memorial Park during the spring and summer baseball season. Anderson said the Club would again provide a certificate of insurance for liquor liability coverage with an aggregate amount of $300,000. MOVED BY FERRIS, SECONDED BY JOHNSON, TO APPROVE THE RENEWAL OF A TEMPORARY ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE FOR THE HAMEL ATHLETIC CLUB PROVIDED THAT A CERTIFICATE OF INSURANCE FOR LIABILITY INSURANCE IS SUBMITTED TO THE CITY. MOTION PASSED UNANIMOUSLY. 8. Two Zoning Ordinance Amendments Regarding Conditional Uses Ron Batty said that a year ago, the Planning and Zoning Commission authorized him to amend sections of the Medina zoning ordinance in order to codify specific standards for each conditional use which would adequately protect the city. The first ordinance amended the conditional use sections of the seven agricultural preservation and residential districts. The amendment deleted, modified or added to the list of uses allowed by conditional use permit in the various districts. The second ordinance was entirely new. It established general and specific criteria for conditional uses for the agricultural and residential districts. Batty pointed out that if existing uses are removed from a district, a non -conforming use is created. Batty said this brought on serious consequences for folks who have a non -conforming use. He cautioned the council to be careful about making the proper changes. MOVED BY FERRIS, SECONDED BY THIES, TO TABLE DISCUSSION ON THE ORDINANCE AMENDMENTS UNTIL THE NEXT MEETING. MOTION PASSED UNANIMOUSLY. 9. Cleanup Day Information Jim Dillman provided information on the spring cleanup day to be held April 27. 58 Phil Zietlow said he had 48 boy scouts scheduled to clean up the roadside ditches in Medina and to help pick up debris along the roads on Saturday, April 20. 10. M & P Utilities — Request for Sewer Connection Loren Kohnen said Muller-Pribyl Utilities was purchasing the motel next to their existing business at 2402 Highway 55 and wished to hook up to the sanitary sewer system. However, the Met Council only gave approval for seven businesses with failing septic systems to connect to the Trunk Highway 55 sanitary sewer system when the project was completed. Shawn Gustafson noted that the Met Council was generally agreeable toward expansion of the MUSA line to existing lots with failing septic systems. Kohnen said M & P's septic system was at its maximum capacity. Robert Muller said his intention was to buy the existing house/motel and move his offices to this location. Muller said the house and motel used about 1050 gallons per day, whereas he was looking at 180 gallons per day with 12 employees. He said without sanitary sewer, he would have to install a new septic system. Mayor Theis asked if there were any other parcels with a failing septic system that could be added to the line. Gustafson said the county would add about 6,000 gallons a day, but the county was not an existing problem. Kohnen said Muller could combine two parcels, in which case the Met Council would not have to get involved. Muller said he would have to explore the idea of combining the lots. He remarked that it was far more difficult to split the lots again once they were combined. Ron Batty suggested that he, Shawn Gustafson, and Loren Kohnen review the matter and come back to the council with options to consider. MOVED BY JOHNSON, SECONDED BY MAYOR THEIS, TO TABLE M & P UTILITIES' REQUEST FOR A SEWER CONNECTION AND TO DIRECT STAFF TO LOOK INTO THE ISSUE AND REPORT BACK TO THE COUNCIL WITH RECOMMENDATIONS. MOTION PASSED UNANIMOUSLY. 11. Update on Mike Larson Zoning Violation Loren Kohnen said there were two items that still needed to be removed from Mike Larson's property: a truck filled with debris and an old garbage truck. Kohnen said he could not get Larson to move these last two items. 59 Phil Zietlow asked what the least expensive way would be to resolve this. He asked if the city could issue him another ticket. Ron Batty said Larson was given 30 days to clean up the property. He said if the 30 days had elapsed, then Prosecuting Attorney Steve Tallen should write Larson a letter specifying that if the issue was not resolved in a week, the city would issue another citation and seek a suspension of the first violation. 12. Bill Cavanaugh Nuisance Violation Jim Johnson said a recreational vehicle was parked if front of Bill Cavanaugh's property on County Road 116 which violated the zoning ordinance. Loren Kohnen said the police were going to issue a tag. 13. Payment of Bills MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO APPROVE PAYMENT OF ORDER CHECK NUMBERS 15750-15800 FOR $46,557.27 (EXCLUDING CHECK NUMBER 15772 IN THE AMOUNT OF $4,771.32) AND PAYROLL CHECK NUMBERS 14759-14770 FOR $11,305.60. MOTION PASSED UNANIMOUSLY. 14. Adiournment MOVED BY THIES, SECONDED BY MAYOR THEIS, TO ADJOURN THE MEETING AT 9:40 P.M. MOTION PASSED UNANIMOUSLY. ATTEST: J April 16, 1996 n, City Clerk -Treasurer Anne E. Theis, Mayor 52 15750 15751 15752 15753 15754 15755 15756 15757 15758 15759 15760 15761 15762 15763 15764 15765 15766 15767 15768 15769 15770 15771 �` 15773 -, U � 15774 15775 15776 15777 15778 15779 15780 15781 15782 15783 15784 \o,;- 15785 15786 15787 15788 15789 15790 15791 15792 15793 15794 15795 15796 15797 15798 15799 15800 1 ORDER CHECKS - APRIL 16, 1996 A T & T $ 13.30 American Express 299.73 AWWA 93.00 Budget Printing 84.00 Commissioner of Revenue 819.18 Connelly Ind. Elect. 563.70 Crow River News 18.00 Culligan 59.53 James Dillman 75.00 Robert Dressel 75.00 Farmers State Bank of Hamel 3,446.82 Feed Rite Controls 10.00 Fortin Hardware 115.46 Genuine Parts 164.18 35.50 245.48 50.75 1,420.00 Green Lights Recycling yam_. 30.43 H & L Mesabi _ :�. 847.70 Hamel Athletic Club � 9,500.00 j Hamel Building center .� .a� � 6.12 HeRaepbn-� -Gnty Treas� � � �� 71.3 Hennepin County Suppo .011. Holiday 8.41 Jude Wholesale/Advantage Paper 88.98 Lakeshore Weekly News 308.50 Law Enforcement Labor Servies 132.00 Lawson Products 28.23 Mayer Mobil 52.15 Metro West Inspection 8,581.85 Metropolitan Council 1,782.00 Midwest Automotive 120.33 Minn Comm 38.60 Minneapoli-s-Community Collage - 175-700 Minnesota State Treasurer 949.5 Northwest Suburban Chamber 325.0% / P.E.R.A. 2,312.70�j'f'%a Postmaster 500.00 Reynolds Welding 19.81 Roundup Classifieds 71.60 Steven Scherer 75.00 Steven Schmit Plumbing 2,758.70 Senior Community Services 1,682.00 St. Joseph's Equipment 4,526.25 Tallen & Baertschi 2,875.11 Twin City office 211.28 Twin City Water Clinic 20.00 U.S. West Cellular 214.17 U.S. West Commuications 34.52 Zep Manufacturing 88.66 Glenwood Inglewood Goodin Co. Gopher State one Call Great West Life Assurance PAYROLL CHECKS - APRIL 16r1996 $'5'1"; 14759 Steven T. Scherer $ 912.25 14760 Richard R. Rabenort 1,251.60 14761 Michael J. Rouillard 491.48 14762 James D. Dillman 1,195.18 14763 Robert P. Dressel 1,045.47 14764 Edgar J. Belland 1,222.22 53 PAYROLL CHECKS - APRIL 16, 1996 (CONT'D) 14765 Jeffrey E. Karlson 1,217.53 14766 Cecilia M. vieau 644.94 14767 Laura L. Sulander 885.78 14768 Sandra L. Larson 742.34 14769 Joseph R. Heyman 861.95 14770 Jon D. Priem 834.86 $11,305.60