HomeMy Public PortalAbout06/06/95 CCM84
ORDER CHECKS - JUNE 6, 1995
14613 A T & T $ 11.26
14614 ABM Equipment & Supply ,: i?•uc,c.¢.�,�) (a� iJF.,.).'rrt-,.e-r. 5,972.52
14615 Adam's Pest Control 58.58
14616 American Bank & Trust Co 105.00
14617 American Linen Supply 40.20
14618 Earl F. Anderson 423.06
14619 Barco Municipal Products 55.46
14620 Cheryl Bazinet 135.00
14621 Wesley Bendickson 200.00
14622 Biff's, Inc. 404.19
14623 Bonestroo, Rosene, Anderlik 4,754.52
14624 Bryan Rock Products 532.16
14625 Budget Printing 68.15
14626 Burlington Northern Railroad 20.00
14627 Chippewa Topsoil 29.82
14628 Classic Cleaning 191.70
14629 Commercial Life Ins. Co. 86.35
14630 Commissioner of Revenue 1,334.04
14631 Delta Dental 669.45
14632 Ditter, Inc. 324.80
14633 E-Z-Recycling 2,132.58
14634 Ebert Const. 13,546.76
14635 Equal Net 35.74
14636 Eull's Manufacturing Co. 97.29
14637 Farmers State Bank of Hamel 5,634.32
14638 Feed Rite Controls 903.46
14639 G.M.A.C. 17,504.89
14640 Glenwood Inglewood 53.50
14641 Goodin Co. 420.60
14642 Goodyear Auto Service 270.52
14643 Greater N.W. Office of R.E. Assess 2,413.55
14644 Karla Gunderson 50.00
14645 Hamel Building Center 47.69
14646 Hamel Fire Dept. 15,968.25
14647 Hennepin Co. Treas., Acctg. Services 839.03
14648 Hennepin Co. Treasurer 20.00
14649 Hennepin County Sheriff 92.27
14650 Joe Heyman 6.92
14651 Holmes & Graven 6,823.75
14652 VOID (Part of Ck.#14653) 0.00
14653 Imprest Fund 1,955.08
14654 Jimbo's Windows 125.00
14655 Jordan Automotive 292.89
14656 Kern, DeWinter & Viere 2,115.00
14657 Edward Kraemer & Sons 1,369.83
14658 Lake Business Supply 305.33
14659 Laker/Pioneer 45.92
14660 Long Lake Fire Dept. 2,526.00
14661 Long Lake Glass 589.00
14662 Long Lake Tractor & Equipment 55.68
14663 Loretto Fire Dept. 7,159.44
14664 Thomas Lundell 140.00
14665 Maple Plain Fire Dept. 775.00
14666 MedCenters Health Care, Inc. 2,234.82
14667 Medica 3,330.51
14668 Medina Police Dept. - Petty Cash 99.19
14669 Metro. Council Wastewater Services 8,460.00
14670 Minnegasco 78.17
14671 Minnesota Dept. of Health 653.00
14672 Minnesota Sex Crimes Invest 18.00
14673 Mobil 77.49
14674 Mothers Motors/Loretto Towing 24.00
85
ORDER CHECKS - JUNE 6, 1995 (CONT'D)
14675 Northern States Power 2,298.15
14676 Northern States Power 660.10
14677 Nick oeffling 135.85
14678 Olsen Chain & Cable 175.55
14679 P.E.R.A. 4,468.14
14680 Parts Company of America 61.02
14681 Piper, Addison & Cynthia 144.00
14682 Pitney Bowes Credit Corp 283.38
14683 Pryor Resources Inc. 248.0
14684 Richard Rabenort 421.
14685 Randy's Sanitation 424.31
14686 Reynolds Welding 18.49
14687 Stoffel Sales 248.00
14688 Superior Ford 37.00
14689 Steven M. Tallen 3,952.92
14690 Twin City Office 740.56
14691 Twin City Water Clinic 20.00
14692 U.S. West Cellular 164.87
14693 U.S. West Communications 307.56
14694 Uniforms Unlimited 450.95
14695 weekly News 30.00
14696 Westside Wholesale Tire 10.00
14697 Joseph Whitney 200.00
14698 Wright Hennepin Security Services 35.41
14699 Wright -Hennepin Electric 1,125.01
$131,367.09
PAYROLL CHECKS - JUNE 6, 1995
14366 Steven T. Scherer $ 859.47
14367 Richard R. Rabenort 1,457.17
14368 Michael J. Rouillard 1,020.98
14369 Scott A. Stillman 1,079.74
14370 James D. Dillman 1,229.05
14371 Robert P. Dressel 1,035.14
14372 Edgar J. Selland 989.7
14373 Jeffrey E. Karlson 1,188.63
14374 Cecilia M. Vieau 683.88
14375 Laura L. Sulander 859.45
14376 Sandra L. Larson 784.2
14377 Joseph R. Heyman 806.0
14378 Jon D. Priem 771.80
14379 Anne E. Theis 207.79
14380 Ann C. Thies 138.52
14381 John B. Ferris 138.52
14382 Philip K. Zietlow 138.52
14383 James R. Johnson 138.52
14384 Steven T. Scherer 474.23
14385 Richard R. Rabenort 1,257.17
14386 Michael J. Rouillard 1,000.48
14387 Scott A. Stillman 1,075.79
14388 James D. Dillman 1,185.95
14389 Robert P. Dressel 574.52
14390 Edgar J. Belland 1,023.75
14391 Jeffrey E. Karlson 657.33
14392 Cecilia M. Vieau 363.43
14393 Laura L. Sulander 461.33
14394 Sandra L. Larson 371.53
14395 Joseph R. Heyman 829.39
14396 Jon D. Priem 771.80
14397 Luke N. Vigoren 184.70
$23,758.65
86
MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 6, 1995
The City Council of Medina, Minnesota met in regular session on June 6, 1995 at 7:30
P.M. in the City Hall Council Chambers with Mayor Anne Theis presiding.
Members Present: John Ferris, James Johnson, Ann Thies, Philip Zietlow and Mayor
Theis.
Members Absent: None.
Also Present: Police Chief Rick Rabenort, Public Works Director Jim Dillman, City
Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron
Batty, and Clerk -Treasurer Jeff Karlson.
1. Adoption of the Agenda
Moved by Thies, seconded by Zietlow, to adopt the agenda with the following addition:
(1) Contribution to the Hennepin Old Tyme County Fair
Motion passed unanimously.
2. Minutes
Moved by Thies, seconded by Zietlow, to approve the minutes of the May 16, 1995
regular meeting, as amended, as follows:
(1) Page 4, paragraph 3, line 2, to read, "The net loss of the fund..."
Motion passed unanimously.
3. Woodridge Church Application for Conditional Use Permit
Ron Batty said the City Council was being asked to consider an application by
Woodridge Church for a conditional use permit to construct a church on property
located on County Road 24. Batty said according to Section 826.21 of the Medina
Code of Ordinances, churches were conditional uses within the rural residential district.
Batty said conditional uses were permitted uses of a special type. Batty said the
Council had to consider whether there was something about the Woodridge site that
did not lend itself to a conditional use permit. Batty said the courts have developed a
two -prong test for evaluating the reasonableness of local actions on conditional use
permits. Batty said since almost all case law involving conditional use permits is the
result of a denial by a city, these prongs could be stated as follows: (1) were the
reasons stated by the governing body for denial legally sufficient?; and (2) was there a
factual basis for the reasons cited for denial?
The Planning Commission recommended that the conditional use permit be denied,
citing two reasons: (1) it was not consistent with rural residential zoning as stated in
Section 826.19 of the Medina Code of Ordinances, and (2) it was in conflict with
Subdivisions 1, 5, 6, 7 & 8 of Section 825.39.
87
Mayor Theis noted that this was not a public hearing but the Council would take
testimony from anyone who had new information or wished to state a different
perspective. She asked that people not merely repeat what had been said at the
Planning Commission meeting because the council had read the minutes and was
familiar with those opinions. Theis asked whether anyone wished to address the
council on the matter. There were no comments from the public.
John Ferris pointed out that the issues related to the health, safety and welfare of the
community.
Phil Zietlow said each issue should be discussed separately for the record.
Loren Kohnen read his memo to the City Council which addressed the major concerns
of the Planning Commission.
The first concern addressed water runoff and storm water retention. Shawn Gustafson
said he had reviewed the revised site plan for the proposed church. Gustafson said the
sedimentation pond met the water quality criteria based on the National Urban Runoff
Program (NURP) standards and should also meet the Minnehaha Creek Watershed
District standards. Gustafson said there would be additional runoff into the pond after
development because of the hardcover, but peak flows would be less because of the
way the pond functions.
Kohnen said another concern of the Planning Commission was the reduction of
property values that might ensue if the church were built. Kohnen said he talked to real
estate agents, developers, and homeowners near Holy Name Church in Medina and no
one he spoke with said it affected real estate values. The only thing that people said
would reduce their property values would be greenhouse businesses like Len Busch
Roses or Gregor Farms. Kohnen said a greenhouse was a permitted use in a rural
residential area because it was considered an agricultural use.
Kohnen said a third concern was that the septic system would create problems. He
said he checked with four other churches in nearby cities that utilized on -site septic
systems in a rural residential zone: (1) St. John's Lutheran in Corcoran (800
members), (2) St. Thomas Catholic in Corcoran (1550 members), (3) Salem Lutheran in
Greenfield (450 members), and (4) Trinity Lutheran in Orono ( 1500 members).
Kohnen said there were no complaints or problems with these on -site septic systems.
A fourth concern was traffic safety. Shawn Gustafson said the proposed driveway met
Hennepin County's minimum standards, but a better location was found just west of the
existing house on the property.
Phil Zietlow said he visited the site with Gustafson, Jim Dillman and Rick Rabenort to
time how long it took for vehicles to reach the access once they came into view. He
said the proposed location on the west side of the lot had a viewing time of 6-8
88
seconds. Moving the driveway location eastward to the west side of the house retained
by Paul Reiser provided a viewing time of 13-14 seconds.
Gustafson said the county's rule of thumb was 10 seconds. He added that the county
would not require the installation of a bypass lane, a right turn lane, or an acceleration
lane. Gustafson said the county would determine the need for additional lanes if the
church wished to expand in the future.
Zietlow asked about the lighting issue.
Gustafson said the site plan called for the least intrusive lighting fixtures available.
Gustafson said the type of lighting proposed in the revised site plan gave off the least
amount of glare.
Loren Kohnen said the lights were similar in style to those used at city hall --tall lights
that cast light downward. Kohnen said if shorter standards were required, more light
fixtures would be needed.
Ann Thies asked if all the concerns in Gustafson's May 5, 1995 letter were answered.
Gustafson said they were. He said a question arose at the Planning Commission
meeting regarding the need for an Environmental Assessment Worksheet (EAW) study.
Gustafson said this development fell below the threshold for an EAW study since
Medina had adopted DNR-approved shoreland and flood plain ordinances.
John Ferris asked if there were any other issues involving health, safety, and welfare
that the City had not covered which would have a negative impact on Medina residents.
Gustafson said Bonestroo estimated that the church would generate an additional 150
cars per hour during its peak hours. Gustafson said this number was not significant
since County Road 24 could handle that amount of traffic.
Anne Theis said the church could have an officer on the site to direct traffic during busy
religious holidays, as Holy Name did.
Planning Commissioner Bob Bradley asked if the City Council was going to address the
standards for a conditional use permit as the Planning Commission had done before
rendering a decision on the CUP application.
Phil Zietlow pointed out that the first standard stated that "the conditional use will not
be injurious to the use and enjoyment of other property...nor substantially diminish and
impair property values..." Zietlow asked Bradley how the church would be injurious to
other people.
89
Bradley said the church would not physically impair any property, but would be a visual
impairment in the rural setting. He said people who drive by the church would have to
look at the hardcover.
John Ferris said he did not believe that a parking lot was any more or less injurious
than a sizable barn.
Bradley said based on the sixth standard, the church was not "reasonably related to the
overall needs of the city and to the existing land use."
Ferris said an implication from that position would be that the city did not need a
church. He said he did not want to get into a discussion about this.
Mayor Theis pointed out that Alpine Farms, Bill Nunn's Sky Rock Farms, and Bradley's
own farm contained a considerable amount of hardcover.
Planning Commissioner Carolyn Smith said the Planning Commission took testimony
from residents and tried to address their concerns. She said one of the concerns of
property owners was that property values would decrease. Smith said she was not
satisfied with the answer that was given by Zoning Administrator Loren Kohnen and
suggested that the city assessor be consulted. Smith said the lighting issue addressed
in the fifth standard was significant. Smith said she considered the lighting to be a
visual pollutant.
Zietlow asked if the lighting situation was fixable.
Smith said she was not sure.
Mayor Theis pointed out that if homes were to be built on the property instead of a
church, the City would have no control over the lighting. She said the Council needed
to make a decision about what to do next. Theis said city staff was more than
competent to draft the conditions that are standard for most applications.
Ron Batty said at this point the Council would normally authorize staff to draft a
resolution granting a conditional use permit with the conditions, but since the Planning
Commission recommended that the CUP be denied, he recommended that the Council
direct staff to prepare conditions which would be consistent with what is done normally.
Batty said this was no different from what had been done before except this time there
were no conditions drafted by the Planning Commission.
Ann Thies said she did not have a problem bringing it back to the Planning Commission
because of the all the issues involved that are normally addressed by the Commission.
Thies said an issue such as the annual cleaning out of the sedimentation pond was one
of the things that should be looked at.
90
Carolyn Smith said she would like the Planning Commission to have an opportunity to
draft the conditions since they had a good understanding of the residents concerns.
She said with help from the staff, the Planning Commission could come up with a
reasonable set of conditions.
Mayor Theis asked Smith if she was willing to concede that some of these issues had
been resolved.
Smith said she was confident that the Commission could go back and make the
proposed church development acceptable to residents.
Jim Johnson said the Council had to look at the intent and purpose of the rural
residential district in the entire city and not just for a specific location. Johnson said the
Council also had to take into consideration the zoning laws as they pertained to
permitted uses and conditional uses. Johnson said the basic rights of individuals were
put into place long before this Council was here.
It was moved by Zietlow, and seconded by Mayor Theis, to refer the Woodridge Church
CUP application back to the Planning Commission for the purpose of forming
conditions with the understanding that the City Council's predisposition is to grant the
conditional use permit when reasonable conditions have been established. Motion
passed unanimously.
4. Building Permit Fee Schedule
In a memo to the council, Loren Kohnen showed the comparison between the 1985
UBC fee schedule --which the City was currently using --and the 1994 fee schedule.
Kohnen said the fee schedule was merely a recommendation from the state. He said
that several other cities he worked with had adopted the 1994 schedule..
Moved by Thies, seconded by Johnson, to adopt Resolution No. 95-20, "Resolution
Adopting the 1994 UBC Fee Schedule."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays: None.
Resolution No. 95-20 adopted on a 5-aye and 0-nay vote.
5. Robert Pepin - Final Plat Approval
Ron Batty said Robert Pepin had met all the requirements for final plat approval. Pepin
had requested permission to subdivide the portion of his lot that was split by Pioneer
Trail, which created a substandard lot.
Moved by Zietlow, seconded by Ferris, to adopt Resolution No. 95-21, "Resolution
Granting Final Plat Approval to Robert Pepin."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays: None.
Resolution No. 95-21 adopted on a 5-aye and 0-nay vote.
91
6. Met Council Tour of Medina
Jim Dillman said the Metropolitan Council was conducting a tour on June 9, 1995 in the
cities that serve on the Elm Creek Cluster Planning Project, which included the cities of
Medina, Brooklyn Park, Maple Grove and Plymouth. Dillman said the purpose of the
tour was to acquaint the Met Council members and staff with the areas proposed to be
served by the Elm Creek Interceptor and to discuss issues related to land use, housing,
transportation, environment, and cost -sharing.
Mayor Theis and Phil Zietlow said they would be available for the Medina tour. Dillman
and Loren Kohnen said they would go along for the entire tour.
7. County Road 116 Trunk Sewer Piling Improvement
Shawn Gustafson said he wrote Lametti & Sons a letter which stated that the sag in the
line was not acceptable and had to be corrected. Gustafson said Lametti indicated that
they would coming within a week to examine the line and determine what the problem
was. Gustafson said Lametti believed that one of the caps on the pilings had tipped
which they felt could be repaired in a week.
8. Hennepin County's Proposed Construction of Antenna Tower
Medina received a notice from the Federal Aviation Administration (FAA) that Hennepin
County was proposing to construct a 416 foot radio antenna tower in Medina which
exceeded FAA standards. Jim Dillman said the tower was part of the new metro radio
system.
Ron Batty pointed out that the FAA notice stated that comments had to address the
effect the proposed construction would have on aviation.
The Council felt the City should still submit a letter which expressed concern for the
excessively large radio tower.
Moved by Thies, seconded by Mayor Theis, to direct Ron Batty to write a letter to the
Federal Aviation Administration office to express the Council's concern for the
oversized radio antenna tower. Motion passed unanimously.
9. Hennepin Parks 1995 Canada Goose Roundup
The Suburban Hennepin Regional Park District asked for written permission from the
City to remove geese in the Baker Park beach at Lake Independence. The goose
roundups were scheduled for late June and would be conducted by Hennepin Parks
staff.
Moved by Johnson, seconded by Mayor Theis, to grant Hennepin Parks permission to
conduct its annual goose roundup at the Baker Park beach. Motion passed
unanimously.
92
10. Debt Management Study Proposal
Jeff Karlson said Monte Eastvold of Juran & Moody, Inc. approached him about doing
a debt management study for Medina at no cost to the city. Karlson said this was Juran
& Moody's way of trying to sell their services to a city. Karlson said there was no need
to accept Eastvold's offer since the city's current financial advisor, Jeanne Vanda of
Public Financial Management, was already familiar with Medina's debt structure and
could perform the same service.
Moved by Mayor Theis, seconded by Ferris, to decline Juran & Moody's offer to
conduct a debt management study for the City. Motion passed unanimously.
11. Imprest Fund Transfer
Moved by Thies, seconded by Zietlow, to approve the transfer of $1,955.08 into the
Imprest Fund. Motion passed unanimously.
12. Hennepin Old Tyme County Fair
Moved by Zietlow, seconded by Mayor Theis, to approve a $50 contribution to the
Hennepin Old Tyme County Fair. Motion passed unanimously.
Loren Kohnen asked the Council to pre -approve the placement of temporary signs for
the Hennepin County Fair with the same conditions as in previous years.
Moved by Ferris, seconded by Zietlow, to grant permission for the Hennepin County
Agricultural Society to place temporary signs in Medina advertising the fair, provided
that the same conditions are applied to the permit. Motion passed unanimously.
13. Payment of Bills
Moved by Zietlow, seconded by Ferris, to approve payment of Order Check Numbers
14613-14699 for $131,367.09 and Payroll Check Numbers 14366-14397 for
$23,758.65. Motion passed unanimously.
14. Adjournment
Moved by Thies, seconded by Mayor Theis, to adjourn the meeting at 9:18 p.m. Motion
passed unanimously.
ATTEST:
Tafrdson, Clerk -Treasurer
June 6, 1995
Anne E. Theis, Mayor