HomeMy Public PortalAbout06/18/96 CCM95
MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 18, 1996
The City Council of Medina, Minnesota met in regular session on June 18, 1996, at
7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided.
Members present: John Ferris, Ann Thies, Phil Zietlow, Jim Johnson, and Mayor
Theis.
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 JOHNSON, TO ADOPT THE PUBLISHED
AGENDA AS PRESENTED.
MOTION PASSED UNANIMOUSLY.
2. Consent Agenda
MOVED BY THIES, SECONDED BY JOHNSON, TO APPROVE THE CONSENT
AGENDA, AS FOLLOWS:
• APPROVAL OF GAMBLING LICENSE AND BEER PERMIT FOR HOLY NAME
CHURCH.
• RESOLUTION NO. 96-27, "RESOLUTION GRANTING PRELIMINARY APPROVAL
TO JOHN DAY FOR THE REPLAT OF LOTS 6, 7 AND 8 MEDINA INDUSTRIAL 2ND
ADDITION"
• HENNEPIN PARKS CANADA GOOSE ROUNDUP, JUNE 1996
MOTION PASSED UNANIMOUSLY.
3. MINUTES
Phil Zietlow asked that on item number 4 of the minutes, the second line should be
"add" instead of "ad".
MOVED BY THIES, SECONDED BY MAYOR THIES, TO APPROVE THE MINUTES
OF THE REGULAR MEETING OF JUNE 4, 1996 AS AMENDED. MOTION PASSED
UNANIMOUSLY.
4. Update of MWCD Cooperative Agreement
Phil Zietlow said that they had finished up the landscaping and had installed one half of
the monitoring system. There were standpipes installed but no water samplers on the
outlets. He said that they were to be on both the inlet and outlet of the pond.
Mayor Theis asked if the MCWD can be asked about the water samplers.
Shawn Gustafson said that he would do so.
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5. Discussion of Proposed Ordinance Amendments
Ron Batty presented the last draft of an ordinance amending Sections 826.41, multiple
dwelling unit structures over 30 feet in height has been retained on page 15 of the draft
as a conditional use under the MR District. Proposed standards for this new
conditional use have been added under Subd. 825.39 (n) on page 25 of the draft.
Correspondingly the additions to section 826.45 which were added last time were
deleted. Also there was added a number 5 under (I) and (m) on pages 24 and 25 of the
draft. This statement is similar to that which occurs at the end of each of the
conditional uses and empowers the city to establish other conditions it deems
reasonably relevant. He also presented copies from the City of Plymouth's ordinance
as it treats similar situations as was requested by the council at the last meeting.
A number 5 on the top of page 25 was added back in to make it the same as with the
other conditions under specific standards.
Jim Johnson asked about item #3 (n) on page 25 where it talks about the portions of
the building greater than 30 feet in height shall be uninhabited and not planned for
storage "and" instead of "or".
Loren Kohnen said that this was a reasonable change.
Phil Zietlow asked about item #4 on page 21 as it relates to cemeteries and setbacks
for buildings. He asked Loren Kohnen what constituted a building.
Loren Kohnen said any structure was considered a building.
John Ferris asked if there shouldn't be a separate ordinance to address cemeteries.
Loren Kohnen said that there were no regulations for cemeteries for setbacks, etc. and
that this might be handled by item #10 of the standards.
There was discussion about regulating cemeteries and the council directed staff to look
at what other cities regulations are. The matter was continued to the meeting of July 2,
1996.
6. Police Planning Memorandum
John Ferris went over the memorandum that he had presented to the rest of the council
regarding police items. He said that there were three areas that he would like to go
over.
• The first item was the police union contract. The present contract is consistent with
City personnel policies relative to most benefits. The differences are relative to
items peculiar to police, and are not substantial. The main difference is the salary
schedule which is "top loaded" for five years, after which the increases are limited to
the cost of living. The increases in the first five years, however, are substantial.
This encourages people to leave in their sixth year, because they are getting a cost
of living adjustment only. He suggested to add three steps without adjusting the
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annual maximum other than for cost of living adjustments. This would spread the
front end load over eight years, thereby making it more reasonable and encourage
officers to stay longer. We would have to "grandfather" presently employed officers.
• The second item was the capital projects. The original concept drawing for
improvements to the building, was thought to $250,000, but a new concept drawing
has been completed and it will add considerable space and correct many of the
present deficiencies at a cost of approximately $220,000. This is a long term capital
expenditure that corrects some old problems but much of it is necessitated by the
police department.
• The third item was the increase in size of the department. Ferris felt that two
additional people were necessary to provide adequate, not quite 24 hour,
protection. This could be accomplished by a Community Service Officer and a
police officer in addition to replacing the position vacated by Officer Scott Stillman.
The Community Service Officer would relive the police officers of many routine
tasks such as animal control, community relations and also perform administrative
tasks. The cost would be approximately $50,000 for the police officer and $27,000
for the CSO including benefits. The Hennepin County Sheriffs department, as an
alternative, proposes to provide 24 hour coverage including power shifts plus 40
hours of community related support for a slightly lower cost than what is proposed
with our own department, the proposal doesn't include animal control, prosecution,
jail services nor administrative support. We would still need an in-house CSO and
some administrative support. We would have no direct control over the Sheriffs
Department's activities, and liaison would be contractual in nature.
Ferris said that the Sheriff indicated that he is being queried about the support they
give to Medina, especially when our recent high priced housing developments are
considered. He said that he felt that the majority of the Medina residents do not want
the City to use the Sheriffs department for primary police protection, but this would be
a matter for discussion about which reasonable people may differ.
Phil Zietlow asked about the course that the City is on now, with just replacing the
vacant position. He said that Medina had the highest cost per capita police service and
that we should be careful before we allow it to increase.
Mayor Theis said that it was very important to replace the officer and hire a Community
Service Officer also, but not an additional officer at this time.
Phil Zietlow asked if there were any communities that were using Hennepin County
protection.
Rick Rabenort said that the City of Greenfield does.
Mayor Theis agreed that the majority of Medina residents want their own police
department, and if it would effect their taxes, then they will want to know.
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Ann Thies agreed that public input would be needed on this. She asked how the union
negotiations were going.
Rick Rabenort said that they were just starting the negotiations.
MOVED BY FERRIS, SECONDED BY THIES, TO HAVE STAFF GIVE THE
PROPOSED SALARY RATES TO THE UNION, TO UPDATE BUILDING
REMODELING PLANS TO SHOW THE PROPOSED CHANGES, AND TO FILL THE
EXISTING POLICE OFFICER OPENING AS WELL AS HIRE A COMMUNITY
SERVICE OFFICER AS PROPOSED. MOTION PASSED UNANIMOUSLY.
7. Set Public Hearing Date for Vacation of Easements
MOVED BY MAYOR THEIS, SECONDED BY ZIETLOW, TO SET A PUBLIC HEARING
DATE FOR THE KNAPPENBERGER/STEELE PLAT EASEMENT VACATION FOR
JULY 16, 1996 AS PROPOSED. MOTION PASSED UNANIMOUSLY.
8. Transtech Reduction of Letter of Credit
Loren Kohnen said that staff has reviewed the work completed on the Transtech site
and it has been completed in accordance with City standards. It is recommended that
the release of $79,200 be released.
MOVED BY THEIS, SECONDED BY JOHNSON, TO RELEASE THE TRANSTECH
LETTER OF CREDIT AS PROPOSED. MOTION PASSED UNANIMOUSLY.
9. David & Susan Sween, Set -back Variance
Loren Kohnen said that the Sweens would like to remove an old front porch in poor
condition and replace it and enlarge it. This would require a front yard set -back
variance. The variance requested is 24 feet from the 50 feet required to a 26 foot set-
back. The hardships are the shape of the lot, the location of the home and being
consistent with neighboring homes, whose set -backs are much closer to Holy Name
Drive. Planning Commission and staff recommend granting this variance request.
MOVED BY JOHNSON, SECONDED BY THIES, TO DIRECT STAFF TO PREPARE A
RESOLUTION GRANTING THE SET -BACK VARIANCE REQUEST TO DAVID &
SUSAN SWEEN, 2112 HOLY NAME DRIVE, AS PROPOSED. MOTION PASSED
UNANIMOUSLY.
10. Frank & Sally Pernat, Set -Back Variance
Loren Kohnen said that Pernats are requesting a set -back variance to replace an
existing deck which is in an unsafe condition. The deck proposed is 33' x 10'4". The
set -back to the lake is 75 feet, and the request is 34 feet to a set -back of 41 feet. The
hardships are the size and configuration of the lot, the location of the existing deck and
desire to provide a safe structure. The Planning Commission and staff recommend
approval.
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MOVED BY FERRIS, SECONDED BY JOHNSON, TO DIRECT STAFF TO PREPARE
A RESOLUTION RECOMMENDING APPROVAL OF THE VARIANCE REQUEST OF
FRANK AND SALLY PERNAT, 2937 LAKESHORE AVENUE, AS PROPOSED.
MOTION PASSED UNANIMOUSLY.
11. John & Colleen Morin, Set -Back Variance
Loren Kohnen said that the Morins are requesting a rear yard set -back variance to
replace an existing deck which is in unsafe condition. The required setback is 30 feet,
the variance request is 21.5 feet for a set -back of 8.5 feet. The replacement deck will
be a two level deck with upper deck slightly smaller in area. The lower deck will be
close to grade and will not require guard rails and will not be very noticeable. They
plan to screen the upper deck from Balsam Street with a privacy fence. The hardships
are the location of the existing deck, the location of the home, the size and shape of the
lot, and having a street at the front and back of the lot. Planning Commission and staff
recommend approval of this variance request.
MOVED BY THIES, SECONDED BY JOHNSON, TO DIRECT STAFF TO PREPARE A
RESOLUTION RECOMMENDING APPROVAL OF THE VARIANCE REQUEST OF
JOHN AND COLLEEN MORIN, 4632 BROOK STREET, AS PROPOSED. MOTION
PASSED UNANIMOUSLY.
12. Kent Johnston, Swimming Pool Fence
Ron Batty said that this issue was an enforcement matter. The property owner built a
swimming pool with a permit. When the permit was issued a copy of the city fence
ordinance regarding safety fences was enclosed. The property owner installed a
plastic covering instead of a fence. The property owner asked the Council to consider
an ordinance permitting the safety covers as an alternate for a fence. In checking with
other cities, batty reported that 6 out of 7 still require safety fences in their ordinances.
The property owner was in attendance at the meeting and wished to address this issue.
Loren Kohnen said that the Mr. Johnston did not call for a final inspection, but when
doing a follow-up inspection it was noticed that a safety fence was not installed. Notice
was given to the homeowner. After informing the city attorney of the matter and
conferring with him, Mr. Johnston stated his opinions in a letter and also other
information that a pool cover will give the same amount of protection even if the
ordinance requires a safety fence Kohnen said. He said that he visited the site on June
14, 1996 at 9:47 a.m., and after ringing the bell, no one appeared to be home. He then
walked around the yard and noticed the pool was uncovered and unprotected. He said
that he addressed the couple who now reside in the residence to the east who have
two young children. The pool is about 300 feet from the neighbor's house. The lady
who lives just directly south has two teenagers and their house 150 yards from the
Johnston's home. He said that he felt that the ordinance should be enforced, and
possibly in the future the City should consider requiring a 5 foot fence.
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Kent Johnston stated that he had prepared to install a fence, but he installed this pool
safety cover. The sides are locked in metal tracks that are bolted in the concrete
apron. The cover can be walked across by adults, and it remains closed and locked at
all times except when in use. The cover is opened with a key. On the day in question
he had given the key to his children because the pool company was coming out to
service the pool.
Mayor Theis said that when the ordinance was reviewed to add the safety fence it was
carefully looked at. Mr. Johnston was aware of the ordinance.
Jim Johnson, Ann Thies and Phil Zietlow agreed that the ordinance should have been
followed. They also agreed that perhaps the ordinance should be looked into.
Loren Kohnen asked about others who have installed pools recently but not, as yet,
have installed the safety fences.
Council said to let them know that the ordinance is being looked into.
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO DIRECT STAFF TO
LOOK INTO THE CURRENT POOL SAFETY FENCE ORDINANCE, AND BRING
BACK RECOMMENDATIONS. MOTION PASSED UNANIMOUSLY.
13. County Road 116/Highway 55 Intersection
Shawn Gustafson said that there was meeting on June 11, 1996 between staff, the
property owners at this intersection and Jim Grube and Steve Theis of Hennepin
County. The concept of the widening of this intersection was presented at this time.
Jim Johnson said that he wanted this brought before the council before it went further
for feedback to the county and property owners from the councilmembers.
Jim Grube said that when the county was negotiating the PUD for their public works
facility in Medina, it was agreed that they would widen Highway 55 to four lanes east of
Arrowhead Drive to where it is four lanes currently. In doing so, it was brought to their
attention that this intersection would have to be changed.
Mayor Theis asked if there was any impact on the easterly intersection of Highway 101
and Highway 55 traffic.
Phil Zietlow asked if the whole picture was being looked at and not just this
intersection.
Grube said that still needed to be looked at. He said that the meeting with the business
owners and staff on June 11 was to get their input to this proposal. He said that this
was just the beginning and that the County couldn't do anything without council
approval.
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Steve Theis presented the plan to the council. There was discussion regarding what
was proposed and the concerns by each councilmember.
Bill Toles of Tol-O-Matic said that his attorney indicated that this proposal was
underway and that there was nothing that he could do about it, but from what Jim
Grube said that apparently is not so. He said that he would like assurance from the
council that they were supporting the businesses in Medina when it came to any
changes to this intersection.
There was further discussion between the Hennepin County Representatives, Jim
Grube, Steve Theis, the City Council, and the business/property owners at the meeting
including Bill Toles, Jack Reis of Thorpe Distributing, Wally Doerr, and Randy Mayer,
Mayer Mobil.
The council was concerned that this proposal was going overboard to handle the
problems that might be at this intersection in the future and asked that the county
research it further, because more information is needed, considering the businesses
impacted first, and also looking at the big picture of how this intersection fits with the
rest of Medina and other communities. Grube said that he understood the council's
concern and would be back in the future with a revised proposal.
14. Independence Beach Annual Dock License
Phil Zietlow said that the dock wasn't supposed to be 50 feet from the boat launch but
30 feet.
Jim Dillman inspected where the dock was and said that it was now where it was
agreed to be.
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS TO APPROVE THE
INDEPENDENCE BEACH DOCK LICENCE. MOTION PASSED UNANIMOUSLY.
15. Liability Insurance for Hamel Bank Parking Lot
Laura Sulander said that per the council's direction at the June 4 meeting, she checked
into the request to the city for being named as additional insured for use of the Hamel
Bank Parking lot in off hours by park users. Our insurance agent, Tom Rerah, said that
would dilute our coverage and would gladly send them a certificate of insurance, but
wanted the council to know of his concerns.
Mayor Theis asked that Laura Sulander respond to the bank's letter with a thank you
for the money, and regrets about the insurance coverage.
16. Liquor Licenses
MOVED BY THIES, SECONDED BY ZIETLOW, TO APPROVE THE RENEWAL OF
LIQUOR LICENSES FOR THE PERIOD OF JULY 1, 1996 THROUGH JUNE 30, 1997,
FOR THE FOLLOWING ESTABLISHMENTS AS PROPOSED:
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• Medina Recreations: On Sale $5,500.00
Off Sale 100.00
Sunday Liquor 200.00
Dance Permit 100.00
• Big Woods Saloon: On Sale $4,500.00
Off Sale 100.00
Sunday Liquor 200.00
• Rolling Green Country Club On Sale $5,500.00
Sunday Liquor 200.00
• Inn Kahoots On Sale $4,500.00
Off Sale 100.00
Sunday Liquor 200.00
• Baker National Golf On Sale 3.2% Malt Liquor $ 100.00
Off Sale 3.2% Malt Liquor 25.00
• Anderson Liquors:
• Stop'N'Go Liquors:
• American Legion #394:
Off Sale
Off Sale
$ 100.00
$ 100.00
On Sale 3.2% Malt Liquor $ 100.00
• Holiday Station Store: Off Sale 3.2% Malt Liquor $ 25.00
MOTION PASSED UNANIMOUSLY.
17. Payment of Bills
MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO APPROVE THE
PAYMENT OF ORDER CHECK NUMBERS 15964-16026 FOR $70,784.73, AND
PAYROLL CHECK NUMBERS 14831-14844 FOR $13,564.21. MOTION PASSED
UNANIMOUSLY.
18. Adjournment
MOVED BY THIES, SECONDED BY MAYOR THEIS TO ADJOURN THE MEETING AT
10:45 P.M. MOTION PASSED UNANIMOUSLY.
Anne E. Theis, Mayor
ATTEST:
j41/041,0(1
aura L. Slander, Acting Clerk -Treasurer
June 18, 1996
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ORDER CHECKS - JUNE 18, 1996
15964 A T & T $ 13.30
15965 Air Touch Cellulr 225.43
15965 A11 Steel Products 15,438.24
15967 American Express 677.83
15968 Earl F. Anderson & Sons 306.57
15969 B & B Products 985.20
15970 Banyon Data systems 65.00
15971 Edgar Belland 68.16
15972 Bergman Companies 3,500.00
15973 Biff's, Inc. 198.78
15974 Bryan Rock Products 552.46.
15975 Budget Printing 166.04
15976 Buffalo Bituminous 2,006.13
15977 Commissioner of Revenue 1,094.85
15978 Construction Eng. Lab. 972.
15979 Culligan 60.•. I
15980 Cy�s Uniforms 195.'�
�y15981 Elm Creek Watershed 1,986.5�
v-,W°/' 15982 Enviro-Con 5,913.75
15983 Equal Net 35.89
15984 Farmers State Bank of Hamel 5,223.13 C
15985 Feed Rite Controls 878.00
15986 Genuine Parts 144.97
15987 Glenwood Inglewood 34.00
15988 Goodyear Auto Service 254.00
15989 Gopher State One Call 143.50
15990 Great West Life 1,370.00
15991 Jim Hatch Sales 57.51
15992 HealthPartners 2,170.72
15993 Hennepin County Sheriff 108.91
15994 Hennepin County Support 565.00
15995 Jerde Shade Trees 330.00
15996 Jimbo's Windows 292.88'
15997 Kennedy & Graven 8,322.67
15998 Lakeshore Weekly Weekly News 50.00
15999 Larson Publications, Inc 126.00
16000 Law Enforcement Labor Services 132.00
16001 Long Lake Power Equipment 13.36
16002 Randall Mayer 455.00
16003 MCFOA 5.00
16004 Metro West Inspection 6,042.30
16005 Metropolitan Council 891.00
16006 Midwest Automotive 251.44
16007 Minn Comm 38.60
16008 Minnesota Conway 384.42
16009 State of Minnesota 350.00
16010 MTI Distributing 300.10
16011 North Memorial Medical Center 8.00
16012 Northern States Power 777.31
16013 P.E.R.A. 2,225.52
16014 Richard Rabenort 78.40
16015 Reynolds welding 19.81
16016 Roto Rooter 882.00
16017 Sewerman, Inc. 330.00
16018 St. Josephs Equipment 35.91
16019 Straight Line Auto 190.87
16020 Tallen & Baertschi 2,177.13
16021 Twin City Garage 20.00
16022 U.S. West Communications 34.60
16023 USDA Forest Service 158.56
16024 Walt's Garage 77.22
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ORDER CHECKS - JUNE 18, 1996 (CONT'D)
16025 warning Lites 217.90
16026 Wilkins Pontiac 154.36
$70,784.73
PAYROLL CHECKS - JUNE 18, 1996
14831 Steven T. Scherer $ 880.85
14832 Richard R. Rabenort 1,251.60
14833 Michael J. Rouillard 384.00
14834 James D. Dillman 1,195.18
14835 Robert P. Dressel 1,078.94
14836 Edgar J. Belland 1,136.45
14837 Jeffrey E. Karlson 684.48
14838 Cecilcia M. Vieau 644.94
14839 Laura L. Sulander 885.78
14840 Sandra L. Larson 777.91
14841 Joseph R. Heyman 913.23
14842 Jon D. Priem 834.86
14843 Jeff J. Weiler 395.89
14844 Jeffrey E. Karlson 2,500.10
$13,564.21