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MEDINA CITY COUNCIL MEETING MINUTES OF MAY 16, 2000
The City Council of Medina, Minnesota met in regular session on May 16, 2000 at 7:30 p.m. in
the City Hall Chambers. Mayor John Ferris presided.
Members present: Ferris, Zietlow, Hamilton, Smith, and Johnson at 8:15 p.m.
Members absent: None.
Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman,
City Engineer Tom Kellogg, Planning & Zoning Administrator Loren Kohnen, and City Clerk -
Treasurer Paul Robinson.
1. Additions to the Agenda
A. Executive session added to discuss Holiday Station lighting.
Moved by John Hamilton, seconded by Phil Zietlow, to approve the agenda as amended.
Motion passed unanimously.
2. Minutes of April 18, 2000
Moved by Carolyn Smith, seconded by Phil Zietlow, to table approval of the minutes of the April
18, 2000 minutes. Motion passed unanimously.
3. Minutes of May 2, 2000
There was one correction on page 6, the middle of the page replace "was" with "there also was",
and there was a correction on page 9 item 12, correct to read, "Phil Zietlow asked if this was the
best timing."
Moved by Carolyn Smith, seconded by Phil Zietlow, to approval the minutes of May 2, 2000 as
amended. Motion passed unanimously.
4. Consent Agenda
Items A & B were pulled from the agenda.
C. Approval for Special Use Permit for MS Fund Raiser - Motorcycle Bike Wash.
Moved by John Hamilton, seconded by Phil Zietlow, to approve consent agenda. Motion
passed unanimously.
5. Items A & B from Consent Agenda
Carolyn Smith said there was an inconsistency between subdivision 2 and 3. Added to
subdivision 2 and 4 "except as allowed in subdivision 3"
This would eliminate confusion about when permits are not required as referenced in the
subdivision 3.
Moved by Carolyn Smith, seconded by Phil Zietlow, to approve Ordinance # 318 with the
changes as shown above and Resolution 00-16 authorizing publication by title and summary.
Motion passed unanimously.
6. Comments from Residents in Attendance on Items Not on the Agenda
There were none.
7. Park Commission Comments
Jim Dillman said that the annual park tour would be at 5:30 this Wednesday at City Hall.
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8. Planning Commission Comments
Loren Kohnen said there are three items on next month's agenda. They will be having a
meeting with Tom Kellogg to review these items.
9. Approval of the Residential PUD 1 & 2
Paul Robinson said he and Bill Thibault revised the PUD based on the notes from Ron Batty
and Sandie Larson from the previous Council meeting. He and Bill Thibault tried to make the
appropriate changes in the PUD ordinance and present the ordinance this evening for final
approval.
Robinson said there were some areas where they were not sure what exactly the Council's
intent was. Such as the bonus provision for PUD #2. He said they included the language but
there were conflicting opinions about the percentage so they left that blank for the Council to
address this evening.
Phil Zietlow said that he remembered not including a bonus provision for PUD #2.
John Hamilton and the other Council Members remembered that they were not going to add a
bonus provision at this time.
Carolyn Smith said that she wanted to add a bonus provision for PUD #2.
Phil Zietlow said that part of the reason he thought they were not going to was because there
was a significant difference between PUD #1 and PUD #2 areas. PUD #1 had more significant
topography and natural features to preserve thereby deserving a larger bonus.
Robinson said that there was significant amount of wetlands on PUD #2 and some woodlands
as well. He said initially the Comprehensive Plan Implementation Committee had thought that
there would be a similar bonus for both. He said this was eliminated after the public comment
meeting.
There was some discussion about the history of the bonus for this property.
Carolyn Smith said the bonus provision was removed because of a concept plan showing 75
units, a plan that was never addressed at the committee level, that concerned a number of the
residents adjacent to this property. She said that a 25% bonus would only add 10 additional
units making it 50 not 75.
Robinson said the Comprehensive Plan Implementation Committee made another change after
that comment period. They extended the line where development could occur further north so
there were be no homes adjacent to the Tuckborough development.
John Ferris said they should include a 25% bonus in PUD #2.
Phil Zietlow said that 10 units is not a significant increase, but thought if there were going to be
additional units that they should be closer to the Uptown Hamel area and across from the park.
Loren Kohnen said that we would only give the bonus if the project was worthy. He thought that
if the density were to the north that would be a better place for the additional units.
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Ron Batty thought that if you were going to include a bonus for PUD #2 it would be better to
keep the same language as in the PUD #1 bonus provision.
There was some discussion about where exactly would they draw the line for the bonus units'
location. There were two separate parcels that were included in PUD #2. The consensus of the
Council was to allow a 25% bonus on the PUD #2 and if bonus units are awarded they should
be allocated to the northernmost parcel. Additional wording was added to the Ordinance.
Paul Robinson said there were a number of difficulties trying to craft the additional language
requested by the Council especially in relationship to referencing other portions of the City's
ordinances such as the reference for accessory structures.
Ron Batty said that he had spoke to Bill Thibault at length about this. They looked at two
different options, one was to have a section right in the beginning of the ordinance that would
just state something more general that all City ordinances apply, or in the second case to pick
out pieces of the ordinance where other City ordinances may apply such as subdivision
ordinance, wetland, flood land, etc. He said that because of this, staff had felt that it would be
more worthwhile to discuss this in depth and then have the staff go back and pull together what
portions apply and what portions do not apply. He said there might not be enough time to do
this tonight.
The Council wanted to go through and see which examples would be less restrictive, that were
not explicitly stated in the ordinance.
A great deal of time was spent going through each section of the ordinance. After this
discussion it was decided that a provision in the beginning of the ordinance reading "all City
ordinances and land use controls shall apply except as specifically regulated in this ordinance"
would take care of everyone's concerns.
Moved by Jim Johnson, seconded by Carolyn Smith, to approve the Residential PUD
Ordinance # 317. Motion passed unanimously.
10. Publishing the Ordinance #317 by Title and Summary
Moved by Phil Zietlow, seconded by John Hamilton, to approve Resolution 00-17 authorizing
publication of the Residential PUD ordinance by title and summary. Motion passed
unanimously.
11. Removal of the Moratorium on PUD's 1 & 2
Moved by Jim Johnson, seconded by Carolyn Smith, to approve Ordinance # 316 removing
the moratorium on the PUD's, as well as the 1000 foot buffer area effecting those properties.
Motion passed unanimously.
12. Resolution Authorizing Publication of the Moratorium Ordinance by Title & Summary
Moved by John Hamilton, seconded by Phil Zietlow, to approve Resolution 00-18 authorizing
publication by title and summary. Motion passed unanimously.
13. Setback Variance to a Septic System for Roland and Victoria Aberg at 3175 Co. Rd. 24
Loren Kohnen said that the Aberg's were requesting a setback variance to a wetland so they
could replace their failing septic system and install a new compliant system. He said that no
other sites meet the setbacks or have suitable soils. The new system would be a mound type
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system. He said the City could give a variance in this case because the distance from the
wetlands was set by the City's ordinance not by the MPCA.
The required setback is 75 feet. They were requesting a 20-foot variance so the setback would
be 55 feet.
He said that staff recommended that the variance proceed since no other site can be found.
Phil Zietlow asked why they needed to have a variance and why their system was considered
failing.
Loren Kohnen said since they are adding a bedroom MPCA rules requires replacement.
There was some concern that the current system may be better than putting a new system
closer to the wetlands.
Loren Kohnen said, in his opinion, that the new system would be much better designed and will
not cause any additional problems because of the proximity.
There was some additional discussion about the design of the system.
Carolyn Smith said in a letter from the septic designer there was a paragraph on how to best
preserve your system. Such as not using anti -bacterial soap. She thought that was a good point
and thought the City may want to consider doing some additional education.
Moved by Phil Zietlow, seconded by Carolyn Smith, to authorize the City Attorney to draft a
resolution approving a setback variance. Motion passed unanimously.
14. Two Lot Combination Replat Request from Steve Ruchti, 1252 Deerhill Road
Loren Kohnen said that Mr. Ruchti wanted to add on to his home by combining his two lots. He
said that way a variance would not be required. Loren said they originally hoped the preliminary
and final plats could be approved this evening. However, additional work needed to be done in
order for that to be accomplished. Therefore, staff is requesting preliminary plat approval
tonight and authorization to proceed with the final plat.
Loren showed the lot combination on an overhead. He said that the Planning Commission
approved the lot combination with four conditions.
There was some discussion about the easement dedications and how that would effect the
existing sheds. One of the sheds would need to be moved, but the other would be allowed to
remain.
There was some discussion about whether or not both sheds would be required to be moved.
Kohnen said that past practice has been not to move sheds in this particular type of situation.
Ron Batty said this shed is currently non conforming and that after this plat it will continue to be
non conforming so if something were to happen with the shed or the other outbuildings they
would not be able to be replaced in that particular area.
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Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 00-19 approving the
preliminary plat with the four conditions as approved by the Planning Commission. Motion
passed unanimously.
Moved by Carolyn Smith, seconded by Jim Johnson, to authorize staff to draft a final plat
resolution. Motion passed unanimously.
15. Update from Don Johnston, the Pioneer/Sarah Creek Watershed District
Representative from Medina
Don Johnston said about a month ago he was in attendance with Ali Durgunoglu and Carolyn
Dingdorf from the Hennepin Conservation District. He said he did not bring any charts or
graphs with him, he just wanted to introduce himself and talk to the Council about the proposed
stormwater rules.
He wanted to get the Council's opinion and some direction on how he should proceed as the
City's representative. He said he also brought with him some information the Phil Zietlow had
requested from the conservation district. He said so far no cities have approved any changes to
the rules.
Phil Zietlow quickly looked at the information provided. He said that these were theoretical
studies of NURP ponds from 1980. What he was requesting was something that was more
current and local.
There was a significant amount of discussion about NURP ponds, about some of the problems
with the rules.
Phil Zietlow said he was not necessarily opposed to changing the rules, however, he did not
want to solely rely on NURP ponds. He said there are a number of studies that show that
NURP ponds do not work. He said he would like them to consider multiple alternatives.
Paul Robinson said that another issue raised at the previous meeting by the Council was the
difference between a property that had livestock on it versus a property that was being farmed.
He said there was some concern about the much more restrictive requirements for the property
with agriculture versus the ones with livestock.
Don Johnston wanted to know what the City's position was and what types of solutions he
should be proposing to the watershed district.
There was some discussion. In the end it was decided that Lenny Leuer, chair of the Planning
Commission, Phil Zietlow, Tom Kellogg, the City's engineer, and Don Johnston should meet to
discuss NURP ponds and to come up with a formal position to bring back to the Council on the
watershed district's rules.
16. Willow Drive Signs
Jim Dillman said at one of the public meetings on Willow Drive, a number of people were
concerned about there not being enough caution taken by drivers when horses are present and
requested signs to be placed on the road alerting drivers to horses.
He showed an example of a sign and asked for approval to purchase them.
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Moved by Jim John son, seconded by John Hamilton, to approve purchasing horse and rider
signs. Motion passed unanimously.
Jim Dillman also wanted to know where this project was at, if he should set up a public meeting
to assess the property owners or how he should proceed with this.
There was a great deal of discussion about issues raised at the public meeting. In the end it
was decided that the outcome of the last public meeting was that there be another informal
public meeting with Jim Dillman regarding the striping, the width of the shoulders, the potential
inclusion of a horse trail, and some other issues. There seemed to be enough interest in paving
the road, but there were some issues that needed to be worked out first.
Jim Dillman was going to schedule a public meeting and bring it back to the Council to have
them to decide how to proceed with this project.
17. Water Conservation
Jim Dillman said that the City currently has a policy for sprinkling restrictions in dry years. He
said in the next few weeks he is going to need to distribute the water consumer confidence
report and wanted to make sure that the City Council wanted to continue with the City's current
water conservation plan.
The consensus of the Council was that no changes in the water conservation would be needed.
18. Approval to Accept the Bid for the Forfeiture Car
Ed Belland said that the bid for $250 was pulled leaving an $80 bid. He would like the Council
to reject all bids and to authorize rebidding for the vehicle.
Moved by Phil Zietlow, seconded by Carolyn Smith, to reject all bids and to authorize the chief
to rebid for the forfeiture vehicle. Motion passed unanimously.
19. Park Commission Appointments
Moved by Phil Zietlow, seconded by Jim Johnson, to approve Ray Essendrup, 3300 Red Fox
Drive for the open Park Commission seat. Motion passed unanimously.
20. PUD
Paul Robinson said that as a part of the PUD discussion we did not address the issue of hiring a
consultant to help coordinate the process.
Paul Robinson said that during the PUD for the Hennepin County Public Works building, David
Licht, the consultant who actually helped draft the current PUD ordinance, also helped to review
the application. Robinson said that the Council had brought this up at the last meeting and he
asked if they were still interested. Robinson said Bill Thibault would probably be the best
person.
Robinson wanted the City Council to know that the City would be operating within a tight
timetable and it will probably be difficult for all the reviews to be completed before the July 13tn
Planning Commission. He said staff wants to know how aggressively the Council wanted Staff
to keep on the developers timeline.
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After some discussion the consensus of the Council was to proceed on the timeline as
discussed with the developer. However, if staff needed more time, then take more time in order
to do an appropriate review.
Council Members believed this PUD was a good idea. They were okay with hiring Bill Thibault
but wanted a formalized contract to be worked out.
Moved by Phil Zietlow, seconded by Jim Johnson, to approve hiring Bill Thibault. Motion
passed unanimously.
21. Closing City Hall on July 3, 2000
Robinson said that there is a day in between the 4th of July and the weekend. All City staff said
that they would like to take that day as a personal vacation day.
Moved by Phil Zietlow, seconded by John Hamilton, to approve closing City hall on July 31d.
Motion passed unanimously.
22. Pay the Bills
Moved by Jim Johnson, seconded by Phil Zietlow, to approve the bills, order check numbers
20996-21049 for $76,837.84 and payroll check numbers 16574-16588 for $17,194.79. Motion
passed unanimously.
22. Executive Session to Discuss Holiday Lighting
Moved by John Hamilton, seconded by Phil Zietlow, to close the meeting and go into executive
session for attorney/client privilege to discuss. Motion passed unanimously.
Moved by John Hamilton, seconded by Phil Zietlow, to reconvene the regular session.
25. Adjournment
Moved by John Hamilton, seconded by Phil Zietlow, to adjourn the meeting at 10:55 p.m.
Motion passed unanimously.
B. Ferris, Mayor
Paul Robinson, City Clerk -Treasurer
Medina City Council Meeting Minutes
May 16, 2000
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(THIS PAGE LEFT BLANK INTENTIONALLY)
Medina City Council Meeting Minutes
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95
ORDER CHECKS - MAY 16,2000
20996 ORCHARD TRUST CO. AS $1,105.00
20997 P.E.R.A. $3,300.22
20998 A.T.& T $33.28
20999-000AIR TOUCH CELLULAR $208.80
21001 AMERICAN EXPRESS $1,761.72
21002 AMERIPRIDE LINEN & APPAREL SVC $47.73
21003 BAYSIDE FLORAL $50.00
21004 BUDGET PRINTING $935.01
21005 CERES ENVIRONMENTAL SVCS. $1,485.65
�' ;•` C Uj�. � PIER _ $,22.00
21008 ERICK�S�� LR LT' �N7.; iNC.
21009 FORTIN HARDWARE $1,637.58
21010 GARY'S DIESEL SERVICE $806.05
21011 GENUINE PARTS $212.17
21012 GLENWOOD INGLEWOOD $61.80
21013 HAMEL BUILDING CENTER $73.81
21014 HAWKINS WATER TREATMENT GROUP $70.00
21015 HENNEPIN CO.DEPT.OF GEN.SVC. $26.20
21016 HENNEPIN COUNTY SHERIFF $117.12
21017 HICKS CONCRETE $8,112.90
21018 J.R.'S APPLIANCE DISPOSAL $960.00
21019 JORDAN AUTOMOTIVE $155.96
21020 KUSTOM SIGNALS, INC. $356.63
21021 LAERDAL MEDICAL CORP. $203.42
21022 LAKE BUSINESS SUPPLY $204.00
21023 LARSON, SANDRA $35.21
21024 LAWN DETAILERS $1,520.00
21025 LAWSON PRODUCTS, INC. $149.21
21026 MATRIX LASER CARE $72.42
21027 MAYER MOBIL $23.05
21028 METRO WEST INSPECTION $26,874.40
21029 METRO.COUNCIL ENVIRO. SERVICES $8,604.00
21030 METROPOLITAN COUNCIL WASTEWTR $4,356.00
21031 MIDWEST AUTOMOTIVE $1,011.27
21032 MINN COMM $30.69
21033 NEXTEL WEST CORP $551.25
21034 NORTHERN STATES POWER $1,429.52
21035 PRUDENTIAL INSURANCE CO. OF AM $60.95
21036 REYNOLDS WELDING $22.37
21037 SAMARITAN TIRE CO., INC. $186.95
21038 SCHOENING EXC. $270.00
21039 SKYWAY PUBLICATIONS, INC. $104.25
21040 STREICHER'S $452.67
21041 TALLEN & BAERTSCHI $2,168.03
Medina City Council Meeting Minutes
May 16, 2000
96
ORDER CHECKS - MAY 16,2000 (CONT'D)
21042 U.S. FILTER/WATERPRO $28.93
21043 U.S. WEST COMMUNICATIONS $110.76
21044 UNITED HORTICULTURAL SUPPLY $362.75
21045 USPS $500.00
21046 VALVOLINE FLEET SERVICES $44.99
21047 VILLAGE CHEVROLET $26.21
21048 WRIGHT-HENNEPIN ELECTRIC $74.69
21049 ZEE MEDICAL SERVICE $26.63
$76,837.84
PAYROLL CHECKS - MAY 8, 2000
16574 ROBINSON, PAUL A. $1,103.30
16575 SCHERER, STEVEN T $1,074.84
16576 MCGILL, CHRISTOPHER R. $1,131.80
16577 ROUILLARD, MICHAEL J $1,401.40
16578 KROEGER, SCOTT W. $1,167.77
16579 DILLMAN, JAMES D. $1,544.26
16580 DRESSEL, ROBERT P $986.03
16581 BELLAND, EDGAR J. $1,880.62
16582 VIEAU, CECILIA M. $933.03
16583 SULANDER, LAURA L. $1,024.02
16584 LARSON, SANDRA L. $1,091.43
16585 BOECKER, KEVIN D. $345.33
16586 PRIEM, JON D. $1,170.99
16587 CHRISTENSON, JEREMY L. $1,107.09
16588 NYSTROM, JAMES $1,232.88
$17,194.79
Medina City Council Meeting Minutes
May 16, 2000