HomeMy Public PortalAbout05/21/96 CCM74
MEDINA CITY COUNCIL MEETING MINUTES OF MAY 21, 1996
The City Council of Medina, Minnesota met in regular session on May 21, 1996, at 8:00
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, Police Chief Rick Rabenort, 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 ZIETLOW, SECONDED BY THIES, TO ADOPT THE PUBLISHED
AGENDA WITH THE FOLLOWING ADDITIONS:
• AUTHORIZATION TO TRANSFER FUNDS
• CONNIE BECHTOLD, 2622 BOBOLINK RD. — SNOW PLOW DAMAGE
• DISCUSSION OF PROPOSED ANTENNA INSTALLATION ON THE HAMEL
WATER TOWER
• REQUEST FOR PAYMENT FOR COUNTY ROAD 116 SEWER PILING
IMPROVEMENT
• UPDATE OF MCWD COOPERATIVE AGREEMENT
• PARK CONTRIBUTION FROM BONESTR00 & ASSOCIATES
MOTION PASSED UNANIMOUSLY.
2. Consent Agenda
MOVED BY THIES, SECONDED BY FERRIS, TO APPROVE THE CONSENT
AGENDA, AS FOLLOWS:
• APPROVAL OF LAWFUL GAMBLING LICENSE FOR ROTARY CLUB OF NEW
HOPE, ROBBINSDALE, AND MAPLE GROVE TO CONDUCT A RAFFLE AT THE
ROLLING GREEN COUNTRY CLUB ON JUNE 17, 1996
• APPROVAL OF SANDIE LARSON'S APPOINTMENT TO THE WEST HENNEPIN
RECYCLING COMMISSION
• RESOLUTION NO. 96-19, "RESOLUTION GRANTING FINAL APPROVAL FOR A
LOT LINE REARRANGEMENT FOR ROBERT MITCHELL AND CLAIR NADEAU"
MOTION PASSED UNANIMOUSLY.
3. Minutes
MOVED BY ZIETLOW, SECONDED BY THIES, TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF MAY 7,1996, AS SUBMITTED. MOTION PASSED
UNANIMOUSLY.
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4. Trunk Highway 12 Corridor Study
Ann Thies introduced a resolution which provided written comment on MnDOT's
proposed Alternate 6 and the need for an EIS on the modified project. The resolution
contained the following findings of fact:
1. Medina's comprehensive plan, which was adopted in 1992 and which guides
development in the City, calls for development of Medina to be concentrated within
the existing sewered portions of the city. The comprehensive plan calls for no
expansion of the sewered areas in the southern portions of the City.
2. Construction of the Alternative 6 as it relates to County Road 6 east of T.H. 12
would bring added development pressures to Medina which are inconsistent with
the City's goals and objectives and which are contrary to the Metropolitan Council's
objectives of restricting development in the southern areas of Medina to a
residential density no greater than 64 houses per 640 acres.
3. The comprehensive plan does not include a major new transportation corridor such
as would occur if the Alternative 6, as it relates to County Road 6 east of T.H. 12,
were selected by MnDOT.
4. Construction of the Alternative 6 as it relates to County Road 6 east of T.H. 12
would result in the need for additional north/south arterials to serve T.H. 12, which
is inconsistent with the stated and demonstrated intent of the city.
5. Traffic analyses indicate that the Alternative 6 as it relates to County road 6 east of
T.H. 12 will not satisfactorily meet the goals of the project as they have been
presented by MnDOT.
6. Additional safety hazards would be created at County Road 6 and Ferndale Road
with an interchange at 1-394 and Ferndale.
Thies recommended that the council adopt the resolution with the following comments:
1. The city opposes the proposed Alternate 6 as it relates to County Road 6 east of
T.H. 12 and part of a commuter route.
2. The city opposes an interchange at 1-394 and Ferndale Road.
3. The city expresses its intent to contest vigorously any further or future consideration
of the Co. Rd. 6 portion of the Alternative 6 by MnDOT or any other entity
responsible for making a decision regarding T.H. 12.
4. The city favors a controlled intersection at County Road 29 and T.H. 12.
5. For the sake of efficiency, the city favors an Environmental Assessment rather than
an E.I.S.
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MOVED BY THIES, SECONDED BY ZIETLOW, TO ADOPT RESOLUTION NO. 96-20,
"RESOLUTION PROVIDING WRITTEN COMMENT ON ALTERNATIVE 6 AND NEED
FOR E.I.S. ON MODIFIED T.H. 12 PROJECT."
AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE.
RESOLUTION NO. 96-20 ADOPTED ON A 5-AYE AND 0-NAY VOTE.
5. Ordinance Amendment
Ron Batty presented the latest draft of an ordinance amending Sections 826.11,
826.21, 826.26.1, 826.256.4, 826.31, and 826.41 of the Medina Code of Ordinances.
Batty said the amendment listed all the permitted uses for each zoning district. Batty
said the other half of the ordinance amendment would list the conditional uses for each
district.
The council asked Batty to explain some of the changes in the proposed ordinance
amendment.
MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO TABLE DISCUSSION OF
THE ORDINANCE AMENDMENTS UNTIL THE NEXT MEETING ON JUNE 4, 1996.
MOTION PASSED UNANIMOUSLY.
6. Hans Hagen Homes Proposed Housing Development
Loren Kohnen said Maple Plain turned down Hans Hagen's request for water service at
the site where he was proposing to develop the Maple Hurst Addition consisting of 42
single family homes. Kohnen said Hans Hagen submitted a plan which included the
installation of eleven wells to serve each home in the subdivision. Each well would
serve three or four homes.
Dan Nubbe and Nick Schultz of Bergerson-Caswell, Inc., a local well contractor, were
present to respond to questions from the council regarding the logistics and
maintenance of the proposed wells.
Ann Thies asked if the contractor was aware of any other developments with this type
of system.
Nick Schultz said he knew of several including the Sioux Community in Shakopee,
where they were currently installing wells, and developments near Lake Minnetonka
where one well served two to four families.
Dan Nubbe pointed out that the Maple Hurst Homeowners Association would be
responsible for annual maintenance and any necessary repair.
Mayor Anne Theis questioned the feasibility of making the homeowners association
responsible for well maintenance.
Nubbe said the homeowners association's annual budget would include sufficient funds
to pay for a maintenance contract with a licensed well contractor.
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Mayor Theis commented that lending institutions apparently did not disapprove of these
types of housing developments.
Hans Hagen said his proposed housing addition was considered a de minimis PUD and
was acceptable in the FNMA home mortgage investment market.
Mayor Theis raised the question of how Hans Hagen could assure the City that 50% of
the homes would fall under the affordable housing price range.
Jim Johnson asked if the council was going to begin promoting growth in Medina.
John Ferris said there were places in Medina where the City could allow this type of
development. Ferris said the issue was to establish if there was a reason for wanting
to rezone this piece of property. He noted that the only issue seemed to be affordable
housing.
Johnson said the council should get together with the planning commission to discuss
potential sites for affordable housing. He said the city should have a road map as to
where it wanted to put affordable housing.
Ferris said the problem in Medina was the price of land which made it difficult for
developers to meet the objectives of affordable housing.
Hans Hagen said he looked at every piece of land in Medina and nothing was cheap.
Hagen said there was no other location in Medina that would bring the price of a single
family home under $160,000. He said reviewing the land use plan would not change
the availability of land for this type of single family housing. He added that if the
council wanted to provide affordable housing, this was the ideal time to do so.
Ferris said the council needed to address whether they wanted to see this type of
development on this particular piece of property and to determine if there was any
benefit to the city.
Jim Johnson said the city might be sacrificing too much in trying to address the
affordable housing issue.
Phil Zietlow raised the question of whether the additional housing units would burden
Medina's taxpayers since it would likely increase fire rates and the cost of snow
plowing. Zietlow said he was opposed to the project if it would have a negative
economic impact on the city. He added that the timing of the project was not good
since the Orono School District was at capacity with its student enrollment.
Ron Batty pointed out that for the project to be completed, three things had to occur:
1. Approval of a plat by a simple majority;
2. Approval for a rezoning by a four -fifths majority; and
3. Approval of a comprehensive plan amendment by a four -fifths majority.
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Batty said there were several issues to consider before a vote was taken, including the
fiscal impact of the subdivision, how to provide city services, and what guarantee the
city could reasonably expect that affordable housing goals would be met. Batty said if
two council members were adamantly opposed to this development, there was no point
in going any further with Hans Hagen's proposal.
Mayor Theis said she would oppose the housing proposal unless there was a way to
make the affordable housing proposal legally binding. She was also concerned about
the additional cost of fire protection.
Phil Zietlow said he was opposed to the project if it did not pay for itself.
Jim Johnson said he had a problem with zero lot line setbacks.
Hans Hagen said the issue was whether Medina needed a balanced set of houses.
Hagen said if the city included all the government services that were provided, this
development would not pay for itself. He said it was a question of how the council
wanted its city to look and feel. He added that none of the facts were going to change
after tonight.
John Ferris asked if four members of the council were interested in moving forward with
Hagen's proposal.
Mayor Theis said she was opposed to the proposal if there was no enforceable, legal
way to protect the city.
Phil Zietlow said if the project did not balance out economically, he was opposed to it.
Hagen conceded that there was no reason to continue with his proposal.
MOVED BY ZIETLOW, SECONDED BY JOHNSON, TO AUTHORIZE STAFF TO
PREPARE A RESOLUTION DENYING THE APPLICATION OF HANS HAGEN HOMES
FOR THE MAPLE HURST SUBDIVISION. MOTION PASSED UNANIMOUSLY.
7. Approval for Public Works Director to Submit Grant Application
Jim Dillman informed the council that Metropolitan Council Environmental Services was
offering matching grants to fund projects or studies to reduce infiltration and inflow
(I & I) of clear water into the Metropolitan Disposal System. Dillman asked for
authorization to submit a grant application for a $10,000 matching grant to study the
I & I in the Hamel area.
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO ADOPT RESOLUTION
NO. 96-21, "RESOLUTION AUTHORIZING PUBLIC WORKS DIRECTOR TO SUBMIT
A GRANT APPLICATION TO METROPOLITAN COUNCIL ENVIRONMENTAL
SERVICES."
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AYES: FERRIS, JOHNSON, THIES, ZIETLOW AND MAYOR THEIS. NAYS: NONE.
RESOLUTION NO. 96-21 ADOPTED ON A 5-AYE AND 0-NAY VOTE.
8. Peter Lake Drainage
George Layeux, 4605 Wichita Trail, was present to address concerns he had about the
drainage of Peter Lake.
Jim Dillman said he talked to Tom Hovey of the Department of Natural Resources
about the rock dam located near Pioneer Trail. Dillman said he took the dam out last
year and put it back a week ago. Dillman said the problem was that there was no ditch
or defined area for the water to go between the railroad and the rock dam.
Layeux said the rock dam should be removed permanently. He pointed out that the
drainage problem started occurring ten years when the manmade dam was put up.
Layeux asserted that the City could not point their fingers at the railroad.
Jim Johnson said he recalled that the council talked about cleaning out the creek.
Shawn Gustafson said the City talked about it but it would have cost approximately
$30,000 to clean out the creek. He noted that the City needed a DNR permit to remove
the rock dam permanently.
Phil Zietlow suggested that the City find out how it could obtain a permit to remove the
rock dam permanently.
Gustafson said Tom Hovey had indicated that he was not sure whether he would even
grant the city a permit to remove the dam.
John Ferris said the City should get a letter from the DNR specifying what the City
could do or not do with the rock dam.
Jim Dillman said he would get Tom Hovey out to inspect the problem again and then
get back to the council.
9. Hennepin County PUD Agreement
Ron Batty pointed out that there was one substantive issue in the revised Planned Unit
Development Agreement with Hennepin County. Batty said in Paragraph 14, relating to
_ assessments and charges which would be applied to the county property, the county
had calculated the net developable acres at 80 while Bonestroo's working number was
115 acres. The revised agreement reflected the county's latest changes and other
changes were talked about.
Ann Thies asked how the two sides got so far apart on the net developable acres.
Shawn Gustafson said Bonestroo looked at the raw land instead of the land after it was
developed. Gustafson said they took the total gross acres minus existing right-of-ways
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and existing wetlands to arrive at net developable acres. The county had included
septic sites, ponds, created wetlands, among other things.
Ann Thies asked about "Outdoor recreational facilities" which stated only "to be
determined" under Future Uses.
Ron Batty agreed that this term needed to be defined.
Hennepin County Transportation Manager Jim Grube provided a resolution which
approved preliminary layout No. 2 for the reconstruction of T.H. 55 at Arrowhead Drive.
Gustafson said Bonestroo reviewed everything in the layout plan and recommended
that the plan be approved.
Grube also requested that the council approve a "Resolution of Concurrence" which
would designate Hamel Road as a State Aid Highway.
MOVED BY ZIETLOW, SECONDED BY THIES, TO TABLE ACTION ON THE PUD
AGREEMENT AND THE TWO RESOLUTIONS PROVIDED BY THE COUNTY UNTIL
THE NEXT MEETING ON JUNE 4, 1996. MOTION PASSED UNANIMOUSLY.
10. Discussion of Livable Communities Housing Action Plan
Jeff Karlson reminded the council that the city was obligated to submit a housing Action
Plan by June 30, 1996, as required by the Livable Communities Act. The Action Plan
was a necessary step to be eligible for funding incentives to help meet the city's
negotiated affordable and life -cycle housing goals with the Metropolitan Council. He
recommended that the council direct staff to prepare the Action Plan and submit it the
city council for approval by June 18, 1996.
MOVED BY ZIETLOW, SECONDED BY THIES, TO DIRECT STAFF AND THE
PLANNING COMMISSION TO BEGIN WORKING ON THE HOUSING ACTION PLAN
REQUIRED BY THE LIVABLE COMMUNITIES ACT. MOTION PASSED
UNANIMOUSLY.
11. Certification of Local Performance Measures
Jeff Karlson said the state legislature had created a new state aid called Local
Performance Aid (LPA) which every city could qualify for in the first year of the program
(beginning in 1997) by certifying that it was "in the process" of developing basic
performance measures to measure the efficiency and effectiveness of each service
provided by the city. Karlson said the city had little choice but to certify its intent to
begin the process of developing workload measures if it wanted to receive the LPA. He
pointed out that other cities were in the same boat and Medina could wait for other
cities to take the lead on this before developing its own performance measures.
MOVED BY THIES, SECONDED BY ZIETLOW, TO CERTIFY TO THE MINNESOTA
DEPARTMENT OF REVENUE THAT MEDINA IS IN THE PROCESS OF
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DEVELOPING AND IMPLEMENTING A SYSTEM OF PERFORMANCE MEASURES
TO QUALIFY FOR LOCAL PERFORMANCE AID PAYABLE IN 1997. MOTION
PASSED UNANIMOUSLY.
12. Acceptance of Jeff Karlson's Letter of Resignation
Jeff Karlson had notified the council that he had accepted an Assistant City Manager
position with the City of Coon Rapids and was resigning from his City Clerk -Treasurer
position.
MOVED BY THIES, SECONDED BY ZIETLOW, TO ACCEPT JEFF KARLSON'S
RESIGNATION FROM THE CITY CLERK -TREASURER POSITION, EFFECTIVE
JUNE 7, 1996. MOTION PASSED UNANIMOUSLY.
Mayor Theis appointed John Ferris and Ann Thies to review the applications for the
clerk -treasurer position.
MOVED BY MAYOR THEIS, SECONDED BY JOHNSON, TO APPROVE THE
APPOINTMENT OF JOHN FERRIS AND ANN THIES TO THE REVIEW COMMITTEE.
MOTION PASSED UNANIMOUSLY.
The interview panel will consist of Council Members John Ferris and Ann Thies, one
planning commissioner, and two Medina residents.
13. Fund Transfers
MOVED BY FERRIS, SECONDED BY JOHNSON, TO ADOPT RESOLUTION NO. 96-
22, "RESOLUTION AUTHORIZING FUND TRANSFERS."
AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE.
RESOLUTION NO. 96-22 ADOPTED ON A 5-AYE AND 0-NAY VOTE.
14. Connie Bechtold — Snow Plow Damage
Jim Dillman reported that Connie Bechtold, 2622 Bobolink Road, filed a complaint
about snow plow damage to her property. Dillman said Bechtold disagreed with the
city's policy regarding snow plow damage.
The council agreed not to take any action on the matter.
15. Pay Request for County Road 116 Sewer Piling Improvements
_ Shawn Gustafson asked the council to approve a Request for Payment for Lametti &
Sons in the amount of $41,857.82 for the County Road 116 Trunk Sanitary Sewer
Piling Improvements. Gustafson said the council also needed to approve Change
Order No. 2 in the amount of $20,610.86 for additional labor and material costs that
were required due to the extreme soil conditions while constructing the 12 inch trunk
sanitary sewer on piling north of Highway 55. Gustafson said about one thousand
dollars worth of restoration work still needed to be completed. He added that there was
a two year warranty on the work starting at the date of its acceptance.
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MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE A "REQUEST FOR
PAYMENT" FOR LAMETTI & SONS IN THE AMOUNT OF $41,857.82 FOR THE
COUNTY ROAD 116 TRUNK SANITARY SEWER PILING IMPROVEMENTS.
MOTION PASSED UNANIMOUSLY.
MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE CHANGE ORDER NO. 2
IN THE AMOUNT OF $20,610.86 FOR THE SANITARY SEWER PILING
IMPROVEMENTS. MOTION PASSED UNANIMOUSLY.
16. American Portable Telecom — Request to Install Antennas on Hamel Water
Tower
Jeff Karlson said he, Loren Kohnen, and Jim Dil[man met with Mearl Kemberling of TEA
Group, Inc. to discuss a proposal from American Portable Telecom (APT) to enter into
a lease agreement with the City for the purpose of installing a personal communication
services antenna system on the water tower in Hamel. Karlson said Kemberling
wanted to know if the council was open to the idea before proceeding any further with
the proposal. APT had drafted a Site Agreement specifying that the initial annual rent
would be ten thousand dollars for the first six years and would then increase 3% times
the number of years in the expiring term (6 years).
Ron Batty pointed out that the City should notify U.S. West of the request from APT if it
planned to consider this proposal.
Karlson said he left a message with a U.S. West representative to call him and would
continue to try to make contact with the appropriate person to discuss what objections
the company might have.
The council agreed to have Ron Batty review the proposed lease agreement,
17. Update of MCWD Cooperative Agreement
Phil Zietlow said he met with MCWD Board Member John Thomas and JoEllen Hurr of
Orono to discuss the cooperative agreement between the City and the Minnehaha
Creek Watershed District. Zietlow said John Thomas would be the MCWD's main
contact person with the city. Zietlow said he told Thomas that the MCWD had broken
every promise in the conditional use permit. He said the District still had not installed
the flow monitoring device. In a letter, Wenck & Associates had indicated that eight
grab samples were taken during the spring which revealed that the phosphorus
concentration was .25 milligrams per liter instead of Wenck's estimated .962, or roughly
one -quarter of what had been estimated.
18. Bonestroo & Associates Park Contribution
The city received a donation of $200 from Bonestroo & Associates toward the Hamel
Memorial Park Fund. The council acknowledged Bonestroo's generous contribution
and instructed Jeff Karlson to send them a thank you letter.
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19. Payment of Bills
MOVED BY JOHNSON, SECONDED BY ZIETLOW, TO APPROVE PAYMENT OF
ORDER CHECK NUMBERS 15874-15922 FOR $56,807.75 AND PAYROLL CHECK
NUMBERS 14800-14812 FOR $11,327.46. MOTION PASSED UNANIMOUSLY.
20. Adjournment
MOVED BY THIES, SECONDED BY MAYOR THEIS, TO ADJOURN THE MEETING
AT 11:45 P.M. MOTION PASSED UNANIMOUSLY.
Anne E. Theis, Mayor
ATTEST:
CZu.-i
J:i '. K: son, City Clerk -Treasurer
May 21, 1996
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ORDER CHECKS - MAY 21, 1996
American Express $ 38.32
Earl F. Anderson 242.88
Baker Governmental Services 85.95
Barco Municipal Products 486.22
Bryan Rock Products 2,638.80
Budget Printing 485.85
Commissioner of Revenue 809.98
Cy's Uniforms 267.97
Dept. of Public Safety 270.00
Des Lauriers & Sons 9,464.00
Equal Net 45.19
Farmers State Bank of Hamel 3,432.47
Feed Rite Controls 10.00
William R. Gibbs 598.00
Gopher State One Call 73.50
Grainger 52.40
Great West Life 1,420.00
HealthPartners 2,170.72
Hennepin County Support 565.00
City of Independence 86.22
J.R.'s Appliance Disposal 430.00
Jewell Nurseries 294.79
Jude Wholesale/Advantage Paper 140.10
Kennedy & Graven 5,022.15
Lake Business Supply 83.37
Lakeshore Weekly News 172.00
Law Enforcement Labor Services 132.00
LMCIT 511.00
Maple Island Group 404.97
MCFOA 25.00
Metro West Inspection 8,761.37
Midwest Automotive 398.21
Minn Comm 114.32
Minn. Dept. of Public Service 720.00
MTI Distributing 603.22
Northern States Power 778.90
Omann Brothers, Inc. 600.00
City of Orono 9,436.02
P.E.R.A. 2,290.37
Pitney Bowes Credit Corp 283.38
SPIAA 40.00
Streicher's 49.84
Tallen & Baertschi 1,988.73
Twin City Water Clinic 20.00
U.S. West Cellular 98.70
U.S. West Communications 34.60
University of Minnesota 40.00
USDA Forest Service 65.53
Cec Vieau 25.71
$56,807.75
PAYROLL CHECKS - MAY 21, 1996
14800 Steven T. Scherer $ 880.85
14801 Richard R. Rabenort 1,251.60
14802 Michael J. Rouillard 446.00
14803 James D. Dillman 1,195.18
14804 Robert P. Dressel 1,062.21
14805 Edgar J. Belland 1,200.78
14806 Jeffrey E. Karlson 1,217.53
14807 Cecilia M. Vieau 644.94
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PAYROLL CHECKS - MAY 21, 1996 (CONT'D)
14808 Laura L. Sulander 885.78
14809 Sandra L. Larson 742.34
14810 Joseph R. Heyman 861.95
14811 Jon D. Priem 834.86
14812 Jeff J. Weiler 103.44
$11,327.46