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HomeMy Public PortalAbout06/04/96 CCM87 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 4, 1996 The City Council of Medina, Minnesota met in regular session on June 4, 1996 , at 7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided. Members present: John Ferris, Ann Thies, Phil Zietlow, and Mayor Theis. Members absent: Jim Johnson. Also present: Public Works Director Jim Dillman, Police Chief Rick Rabenort, City Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, and Deputy Clerk -Treasurer, Laura Sulander. 1. Adoption of Agenda MOVED BY THIES, SECONDED BY FERRIS TO ADOPT THE PUBLISHED AGENDA AS PRESENTED. MOTION PASSED UNANIMOUSLY. 2. Consent Agenda MOVED BY THIES, SECONDED BY FERRIS TO APPROVE THE CONSENT AGENDA, AS FOLLOWS: • APPROVAL OF APPOINTMENT OF LAURA SULANDER AS ACTING CITY CLERK -TREASURER UNTIL THE REPLACEMENT FOR JEFF KARLSON IS HIRED • RESOLUTION NO. 96-23, "RESOLUTION DENYING REZONING, COMPREHENSIVE PLAN AMENDMENT AND PLAT APPROVAL TO HANS HAGEN HOMES FOR MAPLE HURST SUBDIVISION" MOTION PASSED UNANIMOUSLY. 3. Minutes MOVED BY THIES, SECONDED BY ZIETLOW TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 21, 1996 AS SUBMITTED. MOTION PASSED UNANIMOUSLY. 4. Update of MWCD Cooperative Agreement Phil Zietlow said that a draft of the cooperative agreement was sent to the MWCD with no comment received to date. He said that he read in the paper that there was a proposal to add alum to clean up the lake which would bring it from an 18 inch to a 5 to 7 foot clarity. He said that this is not a long-term solution to the problem, as the alum would need to be added again in a few years. The sampling done at the pond constructed in Medina shows very little phosphorus going into and out of it. Ann Thies asked about the mounds of dirt that still existed from the excavation and if it would be finish graded. 88 Phil Zietlow said that as of about three weeks ago the mounds of dirt still contained snow inside. Loren Kohnen said that perhaps the reason that nothing had been heard from them is there is a lawsuit going on between the Wahlfers and others regarding disturbing the soils in the construction of the pond on his property for future septic system sites. Ann Thies asked if there was an easement to the pond from the road. Phil Zietlow said that it was not finalized yet. Shawn Gustafson said that he would call the MWCD to see if the seeding and repair of the road had been done. Zietlow asked that this discussion continue at the June 18, 1996 council meeting. 5. Discussion of Proposed Ordinance Amendments Ron Batty presented the latest draft of an ordinance amending Sections 826.11, 826.21, 826.26.1, 826.26.4, 826.31, and 826.41 of the Medina Code of Ordinances, and discussed the proposed changes which were reflected in the ordinances that had been suggested over the last several meetings, including modifications to sections which were not part of this amendment. These changes prompted some modifications to the draft of the new CUP standards section. Also are included are definitions for residential solar equipment, though not part of the ordinance proposed to be amended, but would eventually be incorporated into Section 825.07. Phil Zietlow asked about regulating antenna height. Ron Batty said that FCC law preempts the city's ordinance, which can limit height, but not if it interferes with the interest of national defense and safety. Phil Zietlow asked about the proposed language as it refers to multifamily homes and exceeding the 30 foot height requirement. He was concerned that the language, which was adopted from the rural residential portion of the ordinance, didn't fit with the multifamily zoning and the type of construction in other communities at this time. He was concerned that this language might cause problems and should be looked at more closely. Loren Kohnen said that building code regulates some of these requirements. He said that the height requirement had to do with the previous discussion of the city's fire fighting equipment which made it difficult to ventilate roofs higher than the 30 foot height. 89 Council discussed the setback requirements for these multifamily buildings exceeding the 30 foot height requirement and what other communities, such as Plymouth, require in their ordinance. Council directed staff to contact other cities, and to come up with suggestions to the amendments of this portion of the ordinance, as it relates to the setbacks and safety of the taller multifamily structures. 6. Update of Peter Lake Drainage Problem Shawn Gustafson said that on May 30, he met with Jim Dillman, Tom Hovey of the DNR, Joe Yanta from the Army Corp, two people from the watershed and a few Medina residents. In a letter from Tom Hovey the meeting was reviewed stating that the channel had historically been kept open when needed by the farmers in the area and the railroad originally constructed a wood trestle for crossing the creek which was later replaced by the current culvert. Eventually the channel filled in with sediment and vegetation. A flood study was done for this area in 1978. No rock dam was recorded at that time. The dam was constructed around the year of 1981. The study showed that the railroad culvert has a lowest point approximately 2.5 feet lower than the Pioneer Trail culvert and lower than the adjacent wetland grade. This is likely a reason the culvert is difficult to keep free of silt. Since 1991 several of the lakes have been high, even to the point of exceeding their ordinary high water elevations consistently, due mainly to climate and outlet conditions. The last three years have been the wettest consecutive years since 1975. Some of the residents claimed that the rock dam was the direct cause of the high water on Peter Lake. Survey information from May 1995 shows that the water surface in the lake was about a foot higher than the water surface at the dam. This survey also showed a higher water surface north of the tracks than south of the tracks, and higher water immediately south of the tracks than at the dam indicates the dam does not pool water at a constant elevation back to the tracks. Others point out that the dam indirectly slows the water flow and causes the railroad culvert to silt up. Photos show the channel filling with vegetation prior to 1979, two years before the estimated placement of the dam. Excessive water levels can be somewhat controlled through improvement of the outlet. Channel cleaning downstream of the railroad tracks may be all that is needed to lower water levels in the wetland upstream of the tracks and consequently Peter Lake. Phil Zietlow asked if it was explained to the property owners that the cost of the cleanup of this ditch would be assessed to benefiting property owners. Gustafson said that there would have to be an assessment hearing. He said some cities charge residents a small fee per month, or include it on taxes and designate this money for this type of project. 90 John Ferris said that as with the road assessments, the city's history of assessing the abutting benefiting property owners has always worked well and would not like to change that system. Mayor Theis asked how many people are interested in the clean up of this ditch. Jim Dillman said approximately 15. Council directed Shawn Gustafson to draft a letter to the residents stating that the city council would not be interested in this project unless they are willing to pay the cost. 7. Hennepin County Resolutions and PUD Agreement MOVED BY THIES, SECONDED BY ZIETLOW TO ADOPT RESOLUTION 96-24, "RESOLUTION APPROVING PRELIMINARY LAYOUT NO. 2 FOR THE RECONSTRUCTION OF T.H. 55 AT ARROWHEAD DRIVE, HENNEPIN COUNTY PROJECT NO. 9513". AYES: FERRIS, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 96-24 ADOPTED ON A 4-AYE AND 0-NAY VOTE. MOVED BY THIES, SECONDED BY ZIETLOW TO ADOPT RESOLUTION 96-25, "RESOLUTION OF CONCURRENCE". AYES: FERRIS, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 96-25 ADOPTED ON A 4-AYE AND 0-NAY VOTE. Ron Batty pointed out the last minute changes on the PUD agreement. He said that Shawn Gustafson has reviewed the county's calculations and determined the number of developable acres should be 112, which is reflected in paragraph 14 of the document. In addition paragraph 6 has been modified with some language suggested by Jim Grube of Hennepin County and agreed to by Councilmember Ann Thies. A new sentence has been inserted regarding the width of the shoulders and roadway along Hamel Road. The blanks in paragraph 2 and 19 have also been completed. Shawn Gustafson said that there is an 18 month building schedule with an alternate of 12 months, which are two different prices. The road improvements are under the original schedule. Ann Thies asked if the future expansion figures shown in this draft are the same as originally granted in the request. Jim Grube said that they were the same. MOVED BY FERRIS, SECONDED BY MAYOR THEIS TO APPROVE THE PLANNED UNIT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND THE COUNTY OF HENNEPIN AS PROPOSED, SUBJECT TO HAVING ALL EXHIBITS MARKED AND ATTACHED. 91 MOTION CARRIED UNANIMOUSLY. 8. John Day Request for Replat, CUP Amendment and Setback Variances Loren Kohnen explained that John Day would like to combine Lot 6 with Lots 7 & 8 for a re -plat, for a total area of approximately 47,850 square feet. He is requesting a conditional use permit to add a 95' x 52' addition to the existing building. This would require both a side and rear yard setback variance. The side yard setback variance request is for 4.5 feet, and the rear yard variance request is for 15.2 feet. The re -plat would provide a larger lot than leaving Lot 6 standing alone and would make the lot conform to the hardcover requirements of 60/40 which presently it does not. Staff and the planning commission recommend approval of this request. One SAC unit is required for the addition per the Met Council's recommendation. MOVED BY THIES, SECONDED BY ZIETLOW TO AUTHORIZE STAFF TO PREPARE A RESOLUTION APPROVING THE JOHN DAY REQUEST FOR REPLAT, CUP AMENDMENT TO RESOLUTION 88-89 AND SETBACK VARIANCES AS PROPSED, AS PER THE PLANNING COMMISSION RECOMMENDATIONS, AND THE ADDITIONAL TWO PROPOSED BY STAFF. MOTION PASSED UNANIMOUSLY. 9. Mayer Mobil - Reduction of Letter of Credit MOVED BY THIES, SECONDED BY MAYOR THEIS TO REDUCE THE REMAINING LETTER OF CREDIT TO MAYER MOBIL AS PROPOSED. MOTION PASSED UNANIMOUSLY. 10. AUTHORIZATION TO ADVERTISE BIDS FOR ROAD FABRIC MOVED BY ZIETLOW, SECONDED BY FERRIS TO ADVERTISE FOR BIDS TO BE ACCEPTED ON JULY 1, 1996 AS REQUESTED. MOTION PASSED UNANIMOUSLY. 11. DISCUSSION OF EVERGREEN ROAD IMPROVEMENTS Jim Dillman said that within the next few years Evergreen Road will need major repairs. When the Cherry Hill development went in, each lot paid a road connection charge for the upgrade of this road, which was then estimated at about 1/3 of the cost. Rolling Green and the County property would make up the remaining 2/3 of the cost. Because of its current condition and the anticipated amount of maintenance dollars that will need to be spent, he suggested that a feasibility report of the upgrading of Evergreen Road with attached pedestrian trails be prepared. He said there were two approaches proposed, therefore the study should be on each. Ann Thies asked who originally built the road. Jim Dillman said that the country club built it. MOVED BY THIES, SECONDED BY MAYOR THEIS TO ADOPT RESOLUTION 96-26, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT ON 92 IMPROVEMENT OF EVERGREEN ROAD". AYES: THIES, MAYOR THEIS, FERRIS AND ZIETLOW. NAYS: NONE. RESOLUTION NO. 96-26 ADOPTED ON A 4-AYE AND 0-NAY VOTE. 12. DONATION OF FUNDS FROM FARMERS STATE BANK FOR PICNIC AREA AT HAMEL MEMORIAL PARK The city received a copy of a letter from the Farmers State Bank of Hamel regarding funds that they have for the Hamel Memorial Park that they are proposing to use for developing a picnic area at the new park. They also are proposing to offer a portion of their parking for use during non -banking hours for use of those using the park, and request that they be named as an additional insured on the city's insurance to cover the lot, and that signs be posted reflecting the use of the parking lot. Council directed staff to send a letter to the Farmers State Bank of Hamel thanking them for the funds for the picnic area, and that the city would notify the insurance company of their request, an take care of the request for the signs. 13. Bills MOVED BY ZIETLOW, SECONDED BY THIES TO APPROVE PAYMENT OF ORDER CHECK NUMBERS 15923-15963 FOR $120,340.94, AND PAYROLL CHECK NUMBERS 14813-14830 FOR $12,797.88. MOTION PASSED UNANIMOUSLY. 14. Adjournment MOVED BY THIES, SECONDED BY ZIETLOW, TO ADJOURN THE MEETING AT 9:25 P.M. MOTION PASSED UNANIMOUSLY. Anne E. Theis, Mayor ATTEST: Laura L. Sulander, Acting Clerk -Treasurer June 4, 1996 85 ORDER CHECKS - JUNE 4, 1996 15923 Adams Pest Control $ 58.58 15924 Allstar Electric 67.24 15925 American Linen supply 42.18 15926 Earl F. Anderson 270.51 15927 Bonestroo, Rosene, Anderlik 3,809.16 15928 BRC-Assist. Ctr. 64.48 15929 Classic Cleaning 191.70 15930 Commercial Life Ins. 71.60 15931 Commissioner of Revenue 820.70 15932 Delta Dental 621.90 15933 E-Z-Recycling 2,132.58 15934 Farmers State Bank 3,623.61 -, 15935 Fortin Hardware 141.13 15936 Gary's Diesel Service 463.82 \- 15937 Greater N.W. Office of R.E. Assess 2,467.85 '\` 15938 Hamel Fire Dept. 15,968.25 15939 Hennepin Co. Treas., Acctg. Svcs 590.72 15940 Kern, DeWenter, & Viere 2,875. 15941 Lametti & Sons 41.857.•, 15942 Sandra Larson 23.9 15943 Lawson Products 62.50 15944 LMCIT 577.42 15945 Long Lake Fire Dept. 2,708.25 15946 Loretto Fire Dept. 8,005.00 15947 Maple Plain Fire Dept. 775.00 15948 Medica 3,330.51 15949 Metro Council Wastewater Services 7,803.00 15950 Midwest Asphalt 48.70 15951 Minnegasco 109.83 15952 Minnesota Dept. of Health 653.00 15953 Northern States Power 2,494.60 15954 Otten Bros. Nursery 14.65 15955 P.E.R.A. 2,269.25 15956 Postmaster 500.00 15957 Randy's Sanitation 436.80 15958 U.S. West Communications 316.34 15959 Warning Lites 210.87 15960 Waterpro supplies 12,463.34 15961 Wright -Hennepin Electric 1,220.38 15962 Wright -Hennepin Security Services 52.18 15963 Zeien's Used Appliances 126.50 $120,340.94 PAYROLL CHECKS - JUNE 4, 1996 14813 Anne E. Theis $ 207.79 14814 Ann C. Thies 138.52 14815 John B. Ferris 138.52 14816 Philip K. Zietlow 138.52 14817 ,Tames R. Johnson 138.52 14818 Steven T. Scherer 880.85 14819 Richard R. Rabenort 1,251.60 14820 Michael J. Rouillard 980.00 14821 James D. Dillman 1,195.18 14822 Robert P. Dressel 1,034.33 14823 Edgar J. Belland 1,136.45 14824 Jeffrey E. Karlson 1,236.78 14825 Cecilia M. Vieau 644.94 14826 Laura L. Sulander 885.78 14827 Sandra L. Larson 742.34 14828 Joseph R. Heyman 861.95 86 PAYROLL CHECKS - JUNE 4, 1996 (CONT'D) 14829 Jon D. Priem 834.86 14830 Jeff J. Weiler 350.95 $12,797.88