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HomeMy Public PortalAbout07/21/98 CCM155 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 21, 1998 The City Council of Medina, Minnesota met in regular session on July 21, 1998 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, and Johnson. Members absent: Thies. Also present: Attorney Ron Batty, Public Works Director Jim Dillman, Zoning Administrator Loren Kohnen, Park Commissioner Tom Gregor, Planning Commissioner Elizabeth Weir, and City Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Handout regarding Dockside Townhomes. B. Final Plat and Conditional Use Permit for Kariniemi/Prolux. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the agenda as amended. Motion passed unanimously. 2. Consent Agenda A. Gambling License and 3.2% Malt Liquor License for Holy Name of Jesus Catholic Church. B. Gambling License and 3.2% Malt Liquor License for Church of St. Anne. C. Resolution 98-36 Approving Preliminary Plat For 52 Hamel Road - Kariniemi. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the consent agenda as presented. Motion passed unanimously. 3. Approval of the Minutes from the July 7, 1998 Regular City Council Meetina Corrections 1. Lake Minnetonka Cable Commission should read Lake Minnetonka Communications Commission. 2. Page 9, should read "could cost between $60,000 and $100,000 for a road overlay program" instead of "would cost between $60,000 and $80,000". Moved by Jim Johnson, seconded by Phil Zietlow to approve the minutes as amended. Motion passed unanimously. 4. Comments from Residents in Attendance on Items Not on the Agenda There were none. 5. Park Commission Comments Tom Gregor presented a check to the city council from the Hamel Lions for $75,000. Gregor said the Lions wanted $50,000 designated to the Hamel Legion Park community building, and $25,000 to be used for undesignated expenditures in the park. Gregor presented another check for $7,000 from the Hamel Lions for Hunter Lions Park. He said this was for replacing the old basketball court and installing a handicap accessible trail to the gazebo. Phil Zietlow asked how much the Lions had given towards the cost of the community building.. Medina City Council Meeting Minutes July 21, 1998 155 156 Tom Gregor said $265,000. There was some additional discussion about projects in the park. The city council thanked the Hamel Lions Club for their donation. Gregor said, Don Cherry, Vice President of Loram said that they have agreed to pay $65,000 for the hiking/jogging/walking trail in the Hamel Legion Park. Gregor said Loram would like the trail completed this year as a part of their 100-year anniversary. To insure completion, they would like to donate the money as the project is completed. There was some discussion about where and how the trail would be constructed. Tom Gregor said it would be a 10-foot wide trail with 8-foot asphalt path. Jim Johnson asked if it was possible to complete this project this year. Jim Dillman said that all of the materials have been bid out. He thought it could be done this year. There was some additional discussion about other projects for the year. Tom Gregor said that he would like to have a ground -breaking ceremony in the park to promote the path. 6. Planning Commission Comments Elizabeth Weir said the planning commission was continuing work on the comprehensive plan. She said they were going to hold a public meeting to hear comments from residents and property owners in areas of the city where zoning changes were being considered. 7. Billboards Ron Batty said at the last city council meeting, the city council discussed the Shubert billboard. He said their billboard was damaged in the May 29th storm. He said the city's current sign ordinance prohibits billboards and places restrictions on their replacement. Batty said the council asked a structural engineer to make a determination as to the extent of the damage. A letter from the engineer was discussed at the last meeting. At the last meeting, Diane Hoey, president of the Shubert Company, asked for the opportunity to prepare additional material to react to the engineer's letter. Therefore, this item was tabled until tonight's meeting. Ron Batty said to date staff has not received any information from Diane Hoey. He said that before he turns the floor over to Diane Hoey would like to quickly frame tonight's discussion. Ron said he did some quick research on the more complicated issue of whether or not the city council could amortize billboards by requiring their removal after a period of time, such as three years. Batty said he could not conclusively determine whether or not the city could legally amortize signs. He said he would need to do additional research if the city council would like to pursue this path. Medina City Council Meeting Minutes July 21, 1998 156 157 Jim Johnson asked if Ron Batty had any conclusions about the extent of the damage, whether or not the damage was more than 50% or if this was still an open issue. Ron Batty said the 50% test does not apply here. He said that the council needed to determine if the damage to the sign meets the criteria in the city's sign ordinance. He said the council can base their determination on any of the following: personal experience from looking at the sign, the letter from the structural engineer, pictures and testimony from the zoning administrator, or pictures and testimony from the owner. Ron Batty said he thought Johnson's question raised three main issues: 1. Should billboards be allowed. Batty said clearly that issue is not on the table, since new billboards have not been allowed for at least 40 years. 2. Whether or not the Shubert sign meets the standards in the ordinance that would allow the city to prohibit its repair. 3. Whether or not the city council would like to pursue eliminating(amortizing) all existing billboards in the city. John Ferris said he thought the damage to the Shubert sign was sufficient to meet the test of the ordinance. Diane Hoey, president the Shubert Sign Company, said that she had a memo from the Albertville city attorney that states that amortization of signs was not allowable by state statute. Hoey said at the last meeting the Medina city attorney mentioned a Minnetonka case which allowed the amortization of signs. She said that ordinance was adopted in 1968. Hoey said in 1971 Minnesota State Law made it illegal to amortize signs without properly compensating the owner much like what a government does when it takes property via eminent domain. Hoey read the provision in the ordinance 815.25, titled Dilapidated Signs. She said that her sign did not fit the definition of dilapidated. Hoey read the definition of dilapidated from the dictionary. She said in this instance dilapidated means damage due to neglect, not due to a storm. She said her signs are well maintained and are not dilapidated. She showed pictures to the council of signs in the city that were dilapidated. There was much discussion about the extent of the damage to the sign and the potential cost for repair. Phil Zietlow asked how much it would cost to build a brand new sign like the one that was damaged. Diane Hoey said that the poles themselves cost between $300-$400 a piece. Ron Batty said that an important recent unpublished case addressed the issue of how one looks at the value of the sign versus the cost of repair. He said that, in this case, there was a difference between the way the sign company determined the sign's value and the way the city determined the repair. The judge said that these figures needed to be determined by either an income basis or by a cost basis, but that the two methods could not be mixed. John Hamilton said he went out and looked at the sign. He said it looked like a few 2 x4 `s and some nails could get the sign back in shape. He did not think it was dilapidated or more than Medina City Council Meeting Minutes July 21, 1998 157 158 50% damaged. He said the structure looked okay. He said he would rather like to look at a date for removing all the billboards in the city. Phil Zietlow said he would like to look for some middle ground, such as not requiring that the sign be taken down immediately, but in three years. Diane Hoey said when the property was sold she was already told that she would have to remove the sign. She said at that point the city council would no longer have a sign there. Ron Batty said uses, such as this billboard, are non -conforming so that eventually they will go away, either by dilapidation and neglect or by being taken away. He said the test, as written in the ordinance, is whether or not a billboard meets any of the following tests: The sign is: 1. Unsound, or 2. Damaged, or 3. In Disrepair, or 4. Hazardous. John Ferris said he believed the sign was clearly damaged. John Hamilton asked if this was the right way to have signs removed. John Ferris said according to the city's sign ordinance this sign is a non -conforming sign, it's been damaged and needs to be removed within 10 days. There was additional discussion about the stipulations in the ordinance. John Ferris said that there is evidence of structural damage, the face has been ripped off, the stringer is gone, and the structure cannot be used unless it's repaired. Diane Hoey said she maintains their signs in good working condition and that her signs are not dilapidated as stated in the title of this section of the sign ordinance. John Ferris said he had no question about whether or not Hoey maintains her signs in good order, but this particular sign meets the test of being damaged as stated in the city's ordinance. Phil Zietlow asked if Hoey would consider taking the sign down in three years if the city council allowed her to repair it. Diane Hoey said that she was not interested in that type of arrangement. John Hamilton said he was not comfortable with the word damaged. Jim Johnson said it is evident that the intent of the ordinance was to eliminate billboards. John Ferris said it is clear that there is meaningful damage not just minimal damage to the sign. Medina City Council Meeting Minutes July 21, 1998 158 159 Phil Zietlow said that, in very rough numbers, he believes the sign is probably between 25% and 35% damaged based on the value of the damage. He estimated that it would cost around $3,500 to build a new sign and $1,000 to fix the current sign. He said it seemed to be sufficient enough cost to show that the sign was damaged. There was some additional discussion about whether or not the owner would be willing to compromise and take the sign down after some period of time. Diane Hoey said that she would not be interested in taking down the sign. There was some discussion about the construction of the sign and that the face of the sign, since it was removable, should not be considered a part of the sign. Diane Hoey said that she recently purchased this sign, and had a 15-year loan on the sign with 12 years remaining. Carolyn Smith of the planning commission said she was a little puzzled. Recently, the planning commission had spent time on the sign ordinance and they had never separated the issue of the posts of a sign versus the face of the sign. Ron Batty said that the ordinance does not make a distinction. There was some discussion about the title of the section. Ron Batty said that the title is for convenience but that it's not part of the text. He said that he felt strongly that the text, regardless of the title, is where the law resides. Moved by John Ferris, seconded by Jim Johnson, to require that the sign be removed as per the terms of the ordinance. Those in favor: John Ferris, Phil Zietlow, and Jim Johnson. Those opposed: John Hamilton. Motion passed. 8. Conditional Use Permit and Final Plat for Mr. Kariniemi/Prolux Sauna Ron Batty said Mr. Kariniemi asked if it would be possible to complete the final plat and CUP for this meeting. Batty said he intended to do that, however, they ran into some title problems. Batty said he prepared the preliminary plat resolution on Friday and since that time they were able to resolve the issues on the title. Therefore, he added the final plat and conditional use permit resolutions to the agenda. Loren Kohnen said he recommended approval of the final plat and conditional use permit. Moved by Jim Johnson, seconded by John Hamilton, to approve Resolution 98-37 approving the final plat and Resolution 98-38 approving a conditional use permit for Mr. Kariniemi/Prolux. Motion passed unanimously. Medina City Council Meeting Minutes July 21, 1998 159 160 9. Polaris Industries Request for Comprehensive Plan Amendment Loren Kohnen said at the previous planning commission meeting a public hearing was held to consider a request from Polaris Industries to amend the city's comprehensive plan to extend the city's Municipal Urban Service Area(MUSA) to include their property. Kohnen said this would eventually involve a zoning change from rural commercial to urban commercial and would allow sanitary service to be provided to the 33 acre site at the northwest corner of Highway 55 and Mohawk Drive. Kohnen said information was attached from staff and the planning commission. He said the planning commission recommended approval of the comprehensive plan amendment. Jim Johnson asked if the city council needed to hold a public hearing. Ron Batty said the planning commission held a public hearing on this issue. He said at that meeting the planning commission voted to proceed with the comprehensive plan amendment. Batty said the next step is for the council to approve this request and send the request to the Metropolitan Council. Batty said typically the Metropolitan Council will approve the request with conditions. Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 98-40 granting preliminary approval of comprehensive plan amendment for Polaris Industries. There was some discussion about the amount of sewer capacity needed for this project. Loren Kohnen said they were expecting that 300 to 350 employees would use the facility. However, they were only expecting Polaris to use between 3,500 and 4,000 gallons per day of the existing sewer capacity, which is a relatively minor amount in comparison to the total capacity remaining. Phil Zietlow asked if the city has enough capacity remaining to fulfill the city's commitments in other areas. Kohnen said yes they do. Dave Jackson, the project manager for Polaris thanked the city council and staff. Motion passed unanimously. 10. Woodridge Church Request for Amending their Conditional Use Permit Loren Kohnen said the planning commission recommended approval of the Woodridge Church request to amend its conditional use permit allowing expansion of the existing building and parking areas. Kohnen said additional information was attached from the city engineer and the planning commission. He said the planning commission recommended approval with five additional conditions to the church's existing conditional use permit. There was some discussion about the additional conditions. Medina City Council Meeting Minutes July 21, 1998 160 161 Loren Kohnen said one of the neighbors had some issues, but that was being worked out. Loren Kohnen showed the addition plans on an overhead. Kohnen said that the addition is mainly for classrooms, a gathering room, and to house the office staff. Phil Zietlow asked if there would be any more lights. Loren Kohnen said that they will be adding three additional light poles. He said they will also be adding black hill spruce trees for additional screening. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the conditional use permit with the five conditions from the planning commission and the requirements of the city engineer. Motion passed unanimously. 11. Reaffirm Preliminary Plat Approval for Edmund and Dawn Lundgren Loren Kohnen said that nothing had changed with the preliminary plat. Moved by John Hamilton, seconded by Jim Johnson, to reaffirm the preliminary plat approval for Edmund and Dawn Lundgren. Motion passed unanimously. 12. Dockside Homeowners Association Loren Kohnen said he met last Friday with Alan Olson about cutting down some large cottonwoods along the shoreline. Kohnen said they worked out a win -win agreement between the parties involved. 13. Administrative Intern Position/Computer Purchase Paul Robinson said the last time this issue was discussed, the city council asked for a recommendation from the staff. Robinson said that he put together a job description for the administrative intern position and recommendation for a computer purchase. Moved by Jim Johnson, seconded by John Hamilton, to approve reallocation of the $5,500 in the computer capital budget. Motion passed unanimously. Moved by Jim Johnson, seconded by John Hamilton, to approve the intern position. Motion passed unanimously. 14. Resolution 98-39 Authorizing Participation in the Safe and Sober Program Moved by Jim Johnson, seconded by Phil Zietlow, to approve the resolution. Motion passed unanimously. 15. Approval of the Cigarette Licenses Moved by John Hamilton, seconded by Jim Johnson, to approve the cigarette licenses. Motion passed unanimously. Medina City Council Meeting Minutes July 21, 1998 161 162 16. 1999 Budget Process Paul Robinson said he included a memo in the packet outlining the 1999 budget process. He said he proposed the council use the same process as last year. Robinson asked if there were any additional issues the city council would like staff to research during the budget process. Robinson said one of the issues that had been mentioned earlier in the year was the cost of liquor licenses. He said he planned to present the council with a comparison of the city's license fees to that of other cities in the area. 17. Rescheduling September 15 and November 3 City Council Meetings Moved by John Hamilton, seconded by Phil Zietlow to reschedule the two city council meetings to Wednesday, September 16 and Wednesday, November 4. Motion passed unanimously. 18. Approval of the Bills Phil Zietlow asked what the bill for weed eradication was. Jim Dillman said that was for mowing the sides of the roads. Phil Zietlow asked what the $3,800 amount was for in the Kennedy & Graven bill. Paul Robinson said that was for reimbursable costs billed for planning and zoning related items. Moved by Jim Johnson, seconded by John Hamilton to approve the bills, order check numbers 18630-18683 for $139,200.53 and payroll check numbers 15716-15730 for $13,220.53. Motion passed unanimously. 19. Adjournment Moved by John Hamilton, seconded by John Ferris, to adjourn the meeting at 9:30 p.m. Motion passed unanimously. John B. Ferris, Mayor Attest: Paul 'obinson, City Clerk -Treasurer Medina City Council Meeting Minutes July 21, 1998 162 163 ORDER CHECKS - JULY 21, 1998 18630 Air Touch Cellular $ 34.39 18631 All Steel Products 2,800.04 18632 American Express 23.43 18633 American Supply Group 175.60 18634 Earl F. Anderson 161.57 18635 Bayside Floral 111.30 18636 Bonestroo, Rosene, Anderlik 5,757.12 18637 Buffalo Bituminous 2,987.46 18638 City of Corcoran 227.50 18639 Department of Public Safety 270.00 18640 Elk River Concrete 1,161.37 18641 Embedded Systems, Inc. 708.00 18642 Firstar Bank 7,470.00 18643 Flagship Technologies 3,758.65 18644 Fortin Hardware 102.35 18645 Genuine Parts 57.46 18646 Glenwood Inglewood 50.80 18647 Goodin Co 64.37 18648 Gopher State One Call 89.25 18649 Grainger 81.71 18650 Great West Life Assurance 950.00 18651 Hamel Building Center 421.31 18652 Hawkins Water Treatment 15.00 18653 Healthpartners 2,260.87 18654 Hennepin County Support 595.001I)I 18655 Hwy. 55 Rental 57.75 18656 18657 Kennedy & Graven Kuech eUnderg ound 82,494.619 ,ijv M �'� 18658 L & R Grading 877.03 18659 Lake Business Supply 127.56 18660 Lakeshore Weekly News 179.81 18661 Larson Assoc., Inc. 350.00 U�///93% 18662 Sandra Larson 11.20 18663 Law Enforcement Labor Service 66.00 18664 Lawn King 53.25 18665 Maple Plain Fire Dept. 1,800.00 18666 Mayer Mobil 20.00 18667 Midwest Asphalt Corp. 54.44 18668 Midwest Automotive 163.41 18669 Midwest Forensic Supplies 601.45 18670 Minn Comm 36.69 Medina City Council Meeting Minutes July 21, 1998 163 164 ORDER CHECKS -, 1998 (CONT'D) 18671 Minnesota Mutual 375.00 18672 Minnesota State Retirement 205.00 18673 Nextel West Corp 9,000.00- P F ;"i4a 18674 North Memorial Medical Center 16.00 18675 Northern States Power 955.88 18676 Office Max, Inc. 128.25 18677 P. E. R.A. 2,958.92 18678 Sewerman, Inc. 330.00 18679 U.S. Filter/Waterpro 479.25 18680 U.S. West Communications 34.60 18681 Vaughn Display & Flag 1,313.90 18682 Voss Signs 145.00 18683 West Side Redi Mix 264.69 $139,200.53 PAYROLL CHECKS — JULY 21, 1998 15716 Paul A. Robinson 925.76 15717 Steven T. Scherer 961.06 15718 Christopher R. McGill 1,040.68 15719 Michael J. Rouillard 543.20 15720 Scott W. Kroeger 1,110.23 15721 James D. Dillman 1,182.62 15722 Robert P. Dressel 903.29 15723 Edgar J. Belland 1,454.79 15724 Martha C. Lundell 303.27 15725 Cecilia M. Vieau 717.32 15726 Laura L. Sulander 930.97 15727 Sandra L. Larson 709.21 15728 Jon D. Priem 1,230.18 15729 Jeremy L. Christenson 756.29 15730 Scott W. Raines 451.66 $13,220.53 Medina City Council Meeting Minutes July 21, 1998 164