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HomeMy Public PortalAbout04/20/99 CCM69 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 20, 1999 The City Council of Medina, Minnesota met in regular session on April 20, 1999 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, and Smith. Members absent: Johnson. Also present: Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Glenn Cook, Planning & Zoning Administrator Loren Kohnen, and City Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Approval of the plans and specifications for Chippewa Road. B. Item 5 under planning and zoning was moved to 1. Moved by Phil Zietlow, seconded by Carolyn Smith, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from April 6, 1999 • Page 3, delete 25,000 square foot and state "construct an addition". • Page 6, item 23, third paragraph, remove John Ferris from the meeting with Bill Cavanaugh. Moved by Phil Zietlow, seconded by John Hamilton, to approve the minutes of April 6,1999 as corrected. Motion passed unanimously. 3. Comments from Residents in Attendance on Items Not on the Agenda - Carolyn Smith said that she received a call from a Cherry Hill resident who was concerned about the amount of noise coming from train horns at crossings in Hamel. There was some discussion on this item. Carolyn Smith asked if it would be O.K. if she conducted some further research on ordinances regulating train horns. The city council was O.K. with Smith proceeding with additional research. - William Ciora, 915 Sunset Court, said he had attended a number of meetings recently, mainly because he and other Foxberry residents were concerned about the potential rezoning of the property south of Foxberry Farms from rural residential to commercial. He said that he was at a public hearing earlier this year and that he was one of two people who spoke up representing homeowners in the south end of Foxberry. He said that others who spoke in favor of commercial zoning were not immediately adjacent to the property to the south. He was concerned that the current screening regulations between zoning districts were not sufficient. He said the six foot spruce trees along the 22 ft. high Flagship building does not provide a good screening of the building. Mr. Ciora said he was also concerned about the property to the southwest of Foxberry Farms , also zoned rural residential but currently proposed to be changed to commercial. Medina City Council Meeting Minutes April 20, 1999 70 He said that he would continue to attend public hearings to express his concerns. John Ferris thanked Mr. Ciora for coming to the meeting, and said that his concerns were duly noted. He said that any time some activity or rezoning was proposed for that property the residents in that area would be notified. 4. Park Commission Comments There were none. 5. Planning Commission Comments There were none. 6. Presentation by Long Lake Fire Department Request for Capital Expenditure for Foam on their Fire Truck Steve Persian, Chief of the Long Lake Fire Department, updated the city council on activities in the first quarter and upcoming second quarter. He talked about several safety programs that the department was currently offering. He said one of the programs is a home safety check where they will go into residents homes and make recommendations on how they can make their homes safer. Steve Persian then went through the department's proposed capital improvement plan for the next ten years. He said the plan was broken into two main parts; one was for major purchases where the fire department would be seeking money from the cities they serve and the other was for items where the fire department would raise money on their own. The last item was a request for purchase of a foam dispenser for one of their fire engines. Persian said that foam has been standard on fire engines for a long time. He said that foam is considered one of the best fire suppression tools and they would like funds to be able to put foam on engine #12. Moved by Carolyn Smith, seconded by John Hamilton, to approve the capital improvement request for $3,040.00. Motion passed unanimously. 7. Clarification concerning the reader board for the Medina Recreation Sign. Loren Kohnen said he asked Mr. Raskob to come tonight to discuss the reader board portion of their sign request. He said that as a part of their sign they would like to have a reader board much like the one Highway 55 Rental has. Kohnen said the agreement with Highway 55 Rental was that any city or community event posting would take precedence over the advertisement of the business. He said the reader board is available on an ongoing basis for publicizing community events There was a significant amount of conversation about the brightness of the sign, the flashing of the lights. Carolyn Smith said that reader signs of this type are not allowed by city ordinance. She said she was not around at the time that the Highway 55 Rental sign was allowed, however, according to the current ordinance, this would not be allowed. There was some discussion about this. Medina City Council Meeting Minutes April 20, 1999 71 Loren Kohnen said at the time that the Highway 55 Rental sign was approved, a number of other signs were taken down as a part of that agreement that really cleaned up the property and at that point the city council allowed an exception to the ordinance for that purpose. There was some discussion about not wanting to have reader boards and flashing lights up and down Trunk Highway 55. The representative of the sign company said that reader boards are fairly expensive. They are a significant investment, not every business needs or wants one. Smith said, according to the ordinance, reader boards would be allowed only to show time and temperature and community events and nothing else. After considerable discussion, the city council decided to take up the matter of amending the sign ordinance to include reader boards as an allowable sign use within the urban commercial and urban industrial districts. (These districts are proposed to be merged into one zone called urban commercial in the current draft of the Comprehensive Plan) Moved by John Hamilton, seconded by Phil Zietlow, to approve the request for a reader board for the Medina Recreation sign, noting that the city council will modify the sign ordinance to include reader boards in urban industrial and urban commercial districts. Motion passed unanimously. 8. Resolution 99-24 Approving Conditional Use Permit(CUP) for Valvoline Loren Kohnen said that staff recommends approval of the CUP. Phil Zietlow asked for clarification, he thought that 400 watts was for each side of the building and not 400 watts total. There was no representative of the company available at the meeting. The city council decided to amend the CUP allowing 400 watts per side as long as it meets the provisions in the glare ordinance. Carolyn Smith raised a concern about the condition for screening in the air conditioning units. Phil Zietlow also asked why screening would not be required. There was some discussion about this. Loren Kohnen said that in this instance the air conditioning units would not be seen by neighboring properties. Carolyn Smith was concerned that if a two-story building was constructed next door they would be able to view the air conditioning units. Moved by Phil Zietlow, seconded by John Hamilton, to approve Resolution 99-24 approving the conditional use permit, modifying condition #8 to allow 400 watts per side of the building for a total of 800 watts.. Motion passed unanimously. Medina City Council Meeting Minutes April 20, 1999 72 9. Resolution 99-25 Approving Conditional Use Permit for Expansion of Hennepin County Parks Maintenance Facility Loren Kohnen said that staff recommends approval. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve Resolution 99-25 approving the conditional use permit for Hennepin County Parks. Motion passed unanimously. 10. Resolution 99-26 Approving of the Conditional Use Permit for Bill Nunn Ron Batty said this resolution consolidates all of the previous conditional use permits. Phil Zietlow asked if condition number 20 was a suggested condition or was required. Ron Batty said this condition was listed in the old CUP and repeated here again. It was decided to remove condition #20 from the CUP. Carolyn Smith asked what was included in the hours of operation listed in condition #7. Kohnen said he thought it included the carousel in addition to the horse stables. Smith said that Bill Nunn agreed to that condition already. Moved by Phil Zietlow, seconded by Carolyn Smith, to approve Resolution 99-26 approving the conditional use permit removing condition number 20 and specifically referencing the carousel in condition 7. Motion passed unanimously. 11. Conditional Use Permit for Number and Square Footage of Accessory Structures for Doug Dickerson, 2625 Pioneer Trail Loren Kohnen read his memo included in the council packet. He said Mr. Dickerson was requesting a conditional use permit to construct an accessory structure on his property. He said that this property is zoned rural residential and in this zone the city's ordinance requires a conditional use permit for properties three acres or greater in size with more than two accessory structures or more than 3,000 square feet of accessory structures. He said that staff recommended approval of this conditional use permit with the following conditions as recommended by the planning commission: • the 42 x 72 foot building be used for personal storage only. • no animals may be kept in the building. • that it is acknowledge that the existing animal structure does not meet the 150 foot required setback. • total number of accessory structures are not to exceed four with a maximum square footage of 5,112 feet. Loren Kohnen showed an overhead of the property, explaining where the accessory structure would be located. There was some additional discussion. Moved by Carolyn Smith, seconded by John Hamilton, to direct the city attorney to prepare a resolution approving this conditional use permit. Motion passed unanimously. 12. Resolution 99-27 Approving Final Plat for Cates/Medina Addition Loren Kohnen said staff recommends approval. Medina City Council Meeting Minutes April 20, 1999 73 Ron Batty said condition number 6 authorizes the mayor and clerk to sign the final plat when the development agreement is completed. He said, as of now the development agreement has not been finalized, when that is done the mayor and clerk would be authorized to sign the final plat. Moved by Phil Zietlow, seconded by Carolyn Smith, to approve Resolution 99-27 approving the final plat of Cates/Medina Addition. Motion passed unanimously. 13. Update on the Holiday Station Conditional Use Permit Compliance Loren Kohnen said that Holiday complied with the items referenced in his letter such as the outside speaker and storage issues. He said the issues with the lighting are still not in compliance with the city's ordinances. Ron Batty said that he spoke to the attorney representing Holiday. He said Holiday was in the process of hiring a lighting engineering firm. Batty said he was supposed to have received the proposal from the engineering firm today, however, he said he should receive it by the end of the week. There was some additional discussion. Council asked for recommendations from the city attorney on the options they had. It was decided that this would be discussed in an executive session since there was potential litigation regarding this matter. 14. Resolution 99-28 Approving the Feasibility Report and Authorizing Preparation of Plans and Specifications for Chippewa Road, and Setting the Improvement Hearing for May 18, 1999 Glenn Cook said the Chippewa Road assessment would affect seven residential properties and nine commercial properties. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve Resolution 99-28 approving the feasibility report, ordering plans, and specifications, and to setting the improvement hearing for May 18, 1999. Motion passed unanimously. 15. Update of the Sewer and Water Fees Glenn Cook said that basically this was to adopt new fees based on an increase in the construction index. He said that the amount each year would be increased by the construction index. Moved by John Hamilton, seconded by Carolyn Smith, to approve the new fees. Motion passed unanimously. 16. Cleanup Day Jim Dillman said that everything is ready to roll. It is from 8:00 a.m. to 2:00 p.m. He said that the scouts are going to be cleaning the roads again and everything is set. 17. Resolution 99-29 Resolution Approving Plans And Specifications, Ordering Advertisement For Bids, And Setting Improvement Hearing For The Mohawk Drive And Chippewa Road Sanitary Sewer And Water Main Improvement Project Moved by Carolyn Smith, seconded by Phil Zietlow, to approve Resolution 99-29. Motion passed unanimously. 18. Approval of the Bills Medina City Council Meeting Minutes April 20, 1999 74 Phil Zietlow asked about the voicemail system. Paul Robinson said the voicemail died and needed to be replaced. There was a question about the legal bill for Blackfoot Trail. Ron Batty said that the title work alone cost around $1,000.00. The city council asked that that cost be set aside so that when Blackfoot Trail is paved, the city could recoup that legal cost for that work done. Moved by Phil Zietlow, seconded by John Hamilton, to approve the bills, order check numbers 19574-19628 for $75, 047.67 and payroll check numbers 16067-16082 for $15, 354.00. Motion passed unanimously. 19. Summer Help Jim Dillman asked for approval to hire summer help. He said currently he has one person interested, otherwise they may need to use a lawn service. Moved by John Hamilton, seconded by Phil Zietlow, to authorize the public works director to hire summer help. Motion passed unanimously. 20. Executive Session Moved by John Hamilton, seconded by Phil Zietlow, to close the meeting and go into executive session to discuss matters involving attorney/client privilege. Motion passed unanimously. Moved by John Hamilton, seconded by Phil Zietlow, to reconvene the regular session. Motion passed unanimously. 20. Adjournment Moved by John Hamilton, seconded by Carolyn Smith, to adjourn the meeting at 9:52 p.m. Motion passed unanimously. erris, Mayor Paul Robinson, City Clerk -Treasurer Medina City Council Meeting Minutes April 20, 1999 ORDER CHECKS - APRIL 20, 1999 19574 Great West Life Assurance $ 882.00 19575 Minnesota Mutual 275.00 19576 Minnesota State Treasurer 155.00 19577 P.E.R.A. 3,302.15 19578 Abbott Office Systems 344.31 19579 Air Touch Cellular 10.78 19580 Allstar Electric 759.06 19581 American Express 2,573.78 19582 American Supply Group 47.90 19583 Ameripride Linen & Apparel 93.32 19584 AWWA 161.75 19585 Batteries Plus 37.40 19586 Budget Printing 1,847.66 19587 Culligan 69.49 19588 Cy's Uniforms 958.50 19589 Department of Public Safety 270.00 19590 Egan Oil Co. 290.02 19591 Firstar Bank 410.00 19592 Fortin Hardware 55.90 19593 Gall's, Inc. 822.81 19594 Genuine Parts 920.06 19595 Glenwood Inglewood 30.85 19596 Gopher State One Call 131.25 19597 Graffix Shoppe 520.28 19598 Grainger 54.69 19599 Hamel Building Center 100.01 19600 Blake Hansen 24.00 19601 Hawkins Water Treatment Group 34.73 19602 Kath Companies 197.58 19603-04 Kennedy & Graven 7,043.03 19605 Larson Publications 91.80 19606 Law Enforcement Labor Services 330.00 19607 City of Long Lake 4,354.23 19608 Mayer Distributing 4,708.29 19609 Medica 196.70 19610 Medina Police Dept. -Petty Cash 84.72 19611 Metro West Inspection 8,349.15 19612 Midwest Automotive 132.89 19613 Minn Comm 30.69 Medina City Council Meeting Minutes April 20, 1999 ORDER CHECKS — APRIL 20, 1999 (CONT'D) 19614 Minnesota Child Support Payment Center 595.00 19615 Minnesota Dept. of Health 150.00 19616 MPCA Emily Armistead 240.00 19617 Mothers Motors/Loretto Towing 38.06 19618 Northern States Power 1,049.19 19619 Pearson Brothers, Inc. 2,550.00 19620 Streicher's 93.56 19621 Tallen & Baertschi 3,274.87 19622 Twin City Water Clinic 20.00 19623 U.S. West Communications 34.70 19624 USPS 500.00 19625 Visible Computer Supply 153.55 19626 Visu-Sewer Clean & Seal 4,860.05 19627 Wright -Hennepin Electric 72.69 19628 Xerox Corporation 20,714.22 $ 75, 047.67 PAYROLL CHECKS — APRIL 12, 1999 16067 Paul A. Robinson $ 940.39 16068 Steven T. Scherer 996.46 16069 Christopher R. McGill 1,046.41 16070 Michael J. Rouillard 1,171.21 16071 Scott W. Kroeger 1,051.73 16072 James D. Dillman 1,279.52 16073 Robert P. Dressel 1,061.20 16074 Edgar J. Belland 1,679.79 16075 Martha C. Lundell 217.94 16076 Cecilia M. Vieau 847.39 16077 Laura L. Sulander 981.66 16078 Sandra L. Larson 796.14 16079 Jon D. Priem 1,153.59 16080 Judd J. Harper 275.46 16081 Jeremy L. Christenson 835.59 16082 James Nystrom 1,019.52 $15,354.00 Medina City Council Meeting Minutes April 20. 1999