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Home My Public Portal About07/02/96 CCM105 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 2, 1996 The City Council of Medina, Minnesota met in regular session on July 2, 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 WITH THE FOLLOWING ADDITIONS: • RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY FOR "SAFE AND SOBER COMMUNITIES", DURING NOVEMBER 11, 1996 THROUGH SEPTEMBER 13, 1997. • OLD TYME HENNEPIN COUNTY FAIR REQUEST FOR CONTRIBUTION. MOTION PASSED UNANIMOUSLY. 2. Consent Agenda MOVED BY ZIETLOW, SECONDED BY THIES TO APPROVE THE CONSENT AGENDA, AS FOLLOWS: • RESOLUTION 96-28, "RESOLUTION GRANTING A REAR YARD SETBACK VARIANCE TO COLLEEN MORIN AND JOHN MORIN" • RESOLUTION 96-29, "RESOLUTION GRANTING A SETBACK VARIANCE TO FRANK PERNAT AND SALLY PERNAT" • RESOLUTION 96-30, "RESOLUTION GRANTING A SETBACK VARIANCE TO DAVID SWEEN AND SUSAN SWEEN" MOTION PASSED UNANIMOUSLY. 3. Minutes Ann Thies said that on page 3 of the minutes under item 12, second paragraph, it should read the "pool is about 300 feet from the neighbor's house." Phil Zietlow said to insert "Day" after John in the consent agenda, page 1 under Resolution 96-27. Also under the Police Planning Memorandum, add his comment, "He said that Medina had the highest cost per capita police service and that we should be careful before we allow it to increase." MOVED BY ZIETLOW, SECONDED BY FERRIS, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 18, 1996 AS AMENDED. MOTION PASSED UNANIMOUSLY. 106 4. Discussion of Proposed Ordinance Amendments Ron Batty said that at the meeting of June 18, there was discussion regarding cemeteries as conditional uses. One of the law clerks researched this matter to see how other suburban jurisdictions regulated cemeteries, and as in the memo from the clerk, cemeteries were largely ignored by many zoning ordinances. The information will be submitted with other updated conditions for discussion at the July 16 meeting. He said that any conditions for cemeteries should be in the ordinance and not in the conditional use permit, as there would not be likely many requests, and specific concerns for any request could be handled under the portion of the ordinance that says and any other conditions the council deems appropriate. John Ferris said to put in only about three or four conditions, such as water table, headstones, access, and boundaries, and let a conditional use handle the rest. 5. Report from LICA - Lake Independence Citizens Association Dick Picard and Ray Berggreen made a presentation to the Council on what LICA is doing toward their goal of making Lake Independence better for those concerned, and also a request for funds from the City toward achieving their goals. Council thanked them for their presentation, and said that they should, by letter, inform the council of their needs in late August or early September during budgeting time for 1997. The budget figure for 1996 was as before, a contribution of $1,500. 6. Fabric Bids Jim Dillman said that two bids were received for road fabric: • Brock White $.52/square yard • Northern Water Works Supply $.49.9/square yard MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO ACCEPT THE LOW BID FOR ROAD FABRIC MATERIAL BY NORTHERN WATER WORKS SUPPLY AS PROPOSED. MOTION PASSED UNANIMOUSLY. 7. Lundgren Brothers/Wallace Doerr, Rezoning and Plat Loren Kohnen said that Lundgren Brothers and Wallace Doerr were proposing to rezone what is Mr. Doerr's house and property to Suburban Residential/PUD. They would then combine them and replat into a 4 parcel plat as part of Foxberry Farms. The planning commission recommends approval of the rezoning 3rd addition replat with three conditions, and staff recommends a park fee for the newly created lot. The council should set a date for a public hearing to vacate the existing drainage and utility easements. The existing driveway on County Road 116 would have to be removed no later than 24 months after the final plat of Foxberry Farms 3rd Addition or 30 days after the home is vacated or removed. • MOVED BY JOHNSON, SECONDED BY FERRIS, TO DIRECT STAFF TO PREPARE A RESOLUTION FOR REZONING TO SUBURBAN RESIDENTIAL 107 P.U.D. FOR LUNDGREN BROTHERS/WALLACE DOERR, AS PROPOSED BY STAFF AND PLANNING COMMISSION RECOMMENDATIONS, AND EXECUTION OF A P.U.D. AGREEMENT. MOTION PASSED UNANIMOUSLY. • MOVED BY JOHNSON, SECONDED BY FERRIS, TO DIRECT STAFF TO PREPARE A RESOLUTION FOR PRELIMINARY PLAT APPROVAL FOR LUNDGREN BROTHERS/WALLACE DOERR, AS PROPOSED BY STAFF AND PLANNING COMMISSION RECOMMENDATIONS. MOTION PASSED UNANIMOUSLY. • MOVED BY JOHNSON, SECONDED BY FERRIS, TO SET A PUBLIC HEARING DATE FOR AUGUST 6, 1996 FOR VACATION OF DRAINAGE AND UTILITY EASEMENTS AND ROAD EASEMENT BETWEEN LOTS 3 AND 4. MOTION PASSED UNANIMOUSLY. 8. Expansion of Sewer and Water for Holy Name of Jesus Church Loren Kohnen said that Holy Name Church is looking into building a community center on a piece of property the church owns at the northwest intersection of Holy Name Drive and County Road 24. In doing the preliminary planning for this, sewer and water must be made available to this site. The Bill Rose, Administrator for the church, contacted the City of Plymouth, however, the request must be formally made by the City of Medina for expansion. Phil Zietlow said that they were getting ahead of themselves, and also there was the issue of traffic. He questioned what was meant by "community center" and whether this was an allowable use. Several members expressed concern about parking and the small size of the parcel in question. John Ferris said that there would have to be a plan in order to rezone the property. Ann Thies said that any existing sewer problems of homes along the lake should be addressed before any new requests. Mayor Theis said that the council should have more information on the issue and that Loren should call and express the council's concerns to Mr. Rose. 9. Dawn Crawford - 4600 Pine Street Loren Kohnen said that Ms. Crawford wished to construct a deck at the rear of her home and in talking to her, a rear yard setback variance was discussed. Since that time, she purchased two lots directly behind her and she was told that she wouldn't need a setback variance if the lots were combined with the rest of the property into one lot. She wished to address the council to discuss not needing to replat or do a variance because she owns the property behind her rear lot line. 108 Ross Lewis said that he owned the property in conjunction with Ms. Crawford, and said that they only wanted to build a deck. They were concerned about the cost of the variance, when they discovered that they needed one, which included an updated survey and city application costs. They found out that the lots behind their property were quit -claim deeded to them, so that they thought that they didn't need a variance because the rear yard setback could then be met, but they were then told that they would have to replat. They said they thought they could no longer apply for a variance since they owned the lots to the rear. Council clarified that they still had two options, a variance and a replat. Council stated that they would have to follow the same process as others, and that they could apply for a variance if they didn't want to replat, since that would cost less. Ron Batty said there might be some question about whether they had good title to the two lots to the rear since they obtained them by quit claim. He suggested that the owners might want to investigate this matter so they would know the status of the title because they might want to sell someday and would want to know whether there were title problems. Council said that this matter should be directed to the planning commission. 10. Report on Leaque of Minnesota Cities Conference Ann Thies reported to the Council on the League Conference, providing the council with a copy of meeting procedures for their review. 11. Safe and Sober Resolution MOVED BY FERRIS, SECONDED BY ZIETLOW TO ADOPT RESOLUTION 96-31, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT" BETWEEN THE MEDINA POLICE DEPARTMENT AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY. MOTION PASSED UNANIMOUSLY. 12. Hennepin County Fair Council directed staff to research the budget amount for the contribution to the Old Tyme Hennepin County fair and make that contribution. 13. Bills MOVED BY JOHNSON, SECONDED BY THIES TO APPROVE THE PAYMENT OF ORDER CHECK NUMBERS 16027-16068 FOR $71,225.54, AND PAYROLL CHECK NUMBERS 14845-14861 FOR $11,850.03. MOTION PASSED UNANIMOUSLY. 109 14. Adjournment MOVED BY JOHNSON, SECONDED BY FERRIS TO ADJOURN THE MEETING AT 9:15 P.M. MOTION PASSED UNANIMOUSLY. ATTEST: guics/r\tivz_- Anne E. Theis, Mayor Laura L. Sulander, Acting Clerk -Treasurer July 2, 1996 103 ORDER CHECKS - JULY 2, 1996 16027 A T & T $ 62.02 16028 Air Touch Cellular 225.33 16029 American Linen 42.18 Jr 16030 Bonestroo, Rosene, Anderlik 12,507.66j,' 16031 Bryan Rock Products 12,828.99 L 16032 Classic Cleaning 191.70 16033 Commissioner of Revenue 778.45 16034 Delta Dental 558.10 16035 James Dillman 75.00 16036 Robert Dressel 75.00 16037 E-Z-Recycling 2,132.58 16038 ESS Bros. & Sons, Inc. 230.04 16039 Farmers State Bank of Hamel 3,315.44 16040 Feed Rite Controls 84.54 16041 Great N.W. office of R E As 2,455.13 16042 Gregor Farm 39.36 16043 Hennepin Co. Treas., Voter Reg 26.40 16044 Hennepin Co. Treas., Acctg. Div. 1,846.00 16045 League of Minnesota Cities 40.00 16046 Long Lake Power 546.87 16047 Medica 1,534.31 16048 Metro Council Wastewater Services 7,803.00 16049 Metropolitan Council 3,564.00 ,/-- 16050 Midwest Asphalt Corporation 48.46 16051 Minnegasco 52.41 16052 Minnesota Dept. of Revenue 621.00'- 16053 Minnesota State Treasurer V.O kp ',-�-35-1.--2Q- 16054 Modern office 95.68 16055 Northern States Power 2,711.61, 16056 P.E.R.A. 2,167.42 16057 Perkins Landscape Const. 1,913.00 16058 Postmaster 500.00 16059 Prolawns Assoc. on the Lake 2,085.00 16060 Randy's Sanitation 154.73 16061 Steven Scherer 75.00/ %/ 16062 Twin CityScale 142.24 1 16063 U.S. West Communications 308.6' 16064 Uniforms Unlimited 383.40 16065 Waldor Pump 3,765.95 16066 Waterpro Supplies Corp 323.72 16067 Wright -Hennepin Electric 1,265.39 16068 Ziegler, Inc 298.61 PAYROLL CHECKS - JULY 2, 1996 b 67,814n 14845 Anne E. Theis $ 207.79 14846 Ann C. Thies 138.52 14847 John B. Ferris 138.52 14848 Philip K. Zietlow 138.52 14849 James R. Johnson 138.52 14850 Steven T. Scherer 880.85 14851 Richard R. Rabenort 1,251.60 14852 Michael J. Rouillard 1,012.79 14853 James D. Dillman 1,195.18 14854 Robert P. Dressel 1,087.31 14855 Edgar J. Belland 1,211.50 14856 Cecilia M. Vieau 644.94 14857 Laura L. Sulander 885.78 14858 Sandra L. Larson 742.34 14859 Joseph R. Heyman 882.47 104 PAYROLL CHECKS - JULY 2, 1996 (CONT'D) 14860 Jon D. Priem 853.80 14861 Jeff J. Weiler 439.60 $11,850.03