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Home My Public Portal About08/01/95 CCM117 14847 14848 14849 14850 14851 14852 14853 14854 14855 14856 14857 14858 14859 14860 14861 14862 14863 14864 14865 14866 14867 14868 u)4(0‘ 14869 14870 14871 14872 14873 14874 14875 14876 14877 14878 4079% 1an 14881 14882 14883 14884 14885 14886 14887 14888 14889 14890 14891 3L•',@sr; 148 3 14894 14895 ORDER CHECKS - AUGUST 1, 1995 A T & T $ 30.51 Action Messenger 33.40 Allstar Electric 68.84 Bonestroo, Rosene, Anderlik 16,501.45 Brock White 4,694.52 Commissioner of Revenue 775.94 Connelly Ind. Elect. 531.95 Diamond Traffic Products 285.59 Farmers State Bank of Hamel 3,459.00 Feed Rite Controls 798.75 Goodin Co. 10.49 Grainger 274.01 Henn.Co. Treas., Acctg. Svcs 657.00 Intoximeters 218.42 Harold Johnson 650.00 Jude Wholesale/Advantage Paper 79.88 Kennedy & Graven 4,809.29 Long Lake Power Equipment 740.54 MTI Distributing 68.83 City of Orono 2,058.65 P.E.R.A. 2,416.80 Power Flo Products Xbbac.A13 T.L. Stevens Well Co 5,-350.65 Streicher's 29.71 Total Office Products & Svcs Twin City Office Uniforms Unlimited Warning Lites Water Pro West Metro Lumber American Linen Supply Commercial Life Ins. Co. Corner House/Interagency Ctr Delta Dental Equal Net Greater N.W. Office of R.E. Assessors Interfaith Outreach L.I.C.A. Medcenters Health Care, Inc. Medica Metropolitan Council Wastewater Services Minnegasco Northern States Power Northern States Power Randy's Sanitation Senior Community Services U.S. West Communications West Hennepin Co. Pioneers Assn Wright Hennepin Electric 1,198.13 1,003.92 186.66 129.74 95.36 258.67 40.20 86.35 666.00 669.45 56.07 2,326. 355. 1,500.0 2,234.82 3,330.51 8,460.00 38.65 2,636.18 661.21 227.70 1,618.00 312.28 500.00 1,130.11 PAYROLL CHECKS - AUGUST 1, 1995 $74,265.23 14446 Anne E.Theis $ 207.79 14447 Ann C. Thies 138.52 14448 John B. Ferris 138.52 14449 Philip K. Zietlow 138.52 14450 James R. Johnson 138.52 14451 Steven T. Scherer 859.47 14452 Richard R. Rabenort 1,257.17 14453 Michael J. Rouillard 998.98 118 PAYROLL CHECKS - AUGUST 1, 1995 (CONT'D) 14454 Scott A. Stillman 1,114.39 14455 James D. Dillman 1,147.45 14456 Robert P. Dressel 1,043.50 14457 Edgar J. Belland 1,022.25 14458 Jeffrey E. Karlson 1,188.63 14459 Cecilia M. Vieau 683.88 14460 Laura L. Sulander 859.45 14461 Sandra L. Larson 719.82 14462 Joseph R. Heyman 788.81 14463 Jon D. Priem 790.80 14464 Luke N. Vigoren 304.14 $13,540.61 119 MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1995 The City Council of Medina, Minnesota met in regular session on August 1, 1995 at 7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided. 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 MAYOR THEIS, TO ADOPT THE AGENDA WITH THE FOLLOWING ADDITION: • Discussion of Land Alteration Permit for Wally Cates MOTION PASSED UNANIMOUSLY. 2. Consent Agenda MOVED BY ZIETLOW, SECONDED BY THIES, TO ADOPT THE CONSENT AGENDA, AS FOLLOWS: • Resolution No. 95-26, "Resolution Granting Final Approval to Donald and Linda Pearson and Michael Seeland for a Lot Line Rearrangement' • Resolution No. 95-27, "Resolution Granting a Permit to Minnegasco for Gas Main Installation" • Resolution No. 95-28, "Resolution Granting a Permit to U.S. West for the Installation of Buried Cable" • Approval for City Auditor, Kern, DeWenter, Viere, to Provide Audit Services for the Year Ending December 31, 1995 MOTION PASSED UNANIMOUSLY. 3. Minutes MOVED BY JOHNSON, SECONDED BY THIES, TO APPROVE THE MINUTES OF THE JULY 18, 1995 REGULAR MEETING, AS AMENDED, AS FOLLOWS: • Page 2, number 5, paragraph 3, line 2, to read, "...renamed Hamel Legion Park." • Page 3, number 10, paragraph 5, line 1, to read, "...the city would not be able..." • Page 5, number 14, paragraph 9, to read, "...to control county truck traffic." MOTION PASSED UNANIMOUSLY. 4. Public Hearing to Consider Vacation of Drainage and Utility Easements Mayor Theis opened the public hearing at 7:43 p.m. and stated that the purpose of the hearing was to consider the vacation of drainage and utility easements by the City on Lots 2 and 3, Block 1, Tuckborough Farm Addition. The vacation was being 120 considered because of a request from Thomas and Vickey Debrowski, 550 Navajo Road, to combine two vacant lots into one lot. There were no comments from the public. MOVED BY MAYOR THEIS, SECONDED BY THIES, TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. MOTION PASSED UNANIMOUSLY. MOVED BY FERRIS, SECONDED BY ZIETLOW, TO DIRECT CITY ATTORNEY RON BATTY TO PREPARE A RESOLUTION APPROVING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOTS 2 AND 3, BLOCK 1, TUCKBOROUGH FARM ADDITION. MOTION PASSED UNANIMOUSLY. 5. Woodridge Church -- Final Approval for Conditional Use Permit Loren Kohnen said staff had reviewed the updated site plan for the Woodridge Church property and recommended that the conditional use permit be approved. The council received a copy of a letter from Trimble & Associates, attorneys for the church, asking for clarifications to five of the conditions in the proposed resolution The church proposed the following: 1 Condition No. 9 should be modified to indicate that the security lighting will not be on a timing device, but that all lighting other than security lighting will be on a timing device. The council agreed that the condition should be amended to state that all exterior lighting except security lights must be placed on a timing device. 2. For proposed Condition No. 17, the church requested that the City limit the decibel levels at the lot line in accordance with the Medina noise ordinance rather than ban the use of amplified sound systems for outdoor weddings or church services. Kohnen pointed out that there was no way to measure the sound decibels. The council agreed to leave No. 17 as written and require that the church apply for a special use permit for outdoor activities as specified in Condition No. 18. 3. The church requested that proposed Condition No. 24 be modified to provide that the easements would be nonexclusive in accordance with normal city practice. Ron Batty said this was not an issue since all easements are nonexclusive. The council agreed to add the word "standard," so as to read, "The Applicant must provide standard utility easements..." 4. For proposed Condition No. 32 the church asked that there be some recognition that all conditional use permits are reviewed on an annual basis and that this was not a condition being proposed solely on the church. Loren Kohnen said this condition was included in all conditional use permits and should not be an issue. 121 5. For Condition No. 25, the church assumed that the administrative fee to reimburse the City for the cost of reviewing the application would be reasonable and not out of the ordinary. Phil Zietlow said the fee was simply the cost incurred by the City. MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO ADOPT RESOLUTION NO. 95-29, "CONDITIONAL USE PERMIT FOR WOODRIDGE CHURCH," WITH AMENDMENTS TO CONDITION NOS. 9 AND 24; AND TO AUTHORIZE THE MAYOR AND CLERK TO SIGN THE FINAL RESOLUTION AFTER IT HAS BEEN REVISED BY CITY ATTORNEY RON BATTY. AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 95-29 ADOPTED ON A 5-AYE AND 0-NAY VOTE. Church member Steve Dick and Herb Margolis of The Accent Companies thanked the city council for their cooperation. They said Woodridge Church appreciated the effort of the City to work with the church in finalizing the conditional use permit. 6. Randy Mayer -- Replat and Conditional Use Permit Randy Mayer, 762 Highway 55, asked for a conditional use permit to build a new gas station and convenience store and to replat two lots into one lot. The new building would be 3,670 square feet in size. Loren Kohnen said Mayer had met all the ordinance requirements, including the 60 percent maximum hardcover requirement. The Planning Commission recommended that the conditional use permit be approved with 12 conditions. The Commission also recommended that the replat be approved with no conditions. In connection with the replat, Kohnen noted that Hennepin County wanted Randy Mayer to dedicate an additional ten feet of right-of-way along the east side of County Road 116 to accommodate future improvements to Co. Rd. 116 and the Trunk Highway 55 intersection. In a letter to the City, the county stated that because of traffic volumes that presently existed and were projected for the future, there was a definite need for 50 feet of right-of-way from the centerline of CSAH 116 to the subject property. The 50 feet would provide for part of the width of a median, two northbound lanes, plus a clear zone for roadway safety, utilities, possible future pedestrian/bikeway, and for snow storage. City Engineer Shawn Gustafson agreed that County Road 116 would have to be improved in five to ten years to a four lane roadway. An issue that was raised by the council was that the City would force Mayer into applying for a variance to meet the greenspace requirements if he was required to dedicate ten feet of right-of-way to the county. 122 Kohnen pointed out that the Planning and Zoning Commission believed it was appropriate to allow for a variance for hard surface coverage in this case. Mayer said he had two major concerns with regard to the dedication of ten additional feet of right-of-way: (1) The Supreme Court ruled that a governmental entity cannot hold up a private citizen's right to develop for a dedication; and (2) Water runoff. Mayer said he modified his building plans by moving everything east by ten feet if there should be a taking in the future. John Paulson, project manager for Randy Mayer, said the placement of the building and underground storage tanks ten feet further to the east was in compliance with the Medina ordinance. Jim Dillman pointed out that the City had always picked up more easement from a developer than what was actually needed at the time for future public needs. Gustafson said if the Council decided not to require more right-of-way from Mayer, then they should have a good reason for it. Phil Zietlow said an additional ten feet of right-of-way would force Mayer into a variance situation regarding hard surface coverage. Gustafson said variances are necessary and good in some cases. He said the City did not want to begin a new precedent by not requiring the dedication. Ferris asked what that precedent would be. Dillman said that up until now the City had always required developers to provide easements for trails and roads. Dillman said the City never had to pay for right-of-way because of its consistent policy to make everyone dedicate public right-of-way as needed. Ferris said he did not agree that the price of expansion had to be to give away property. He asked why the county should benefit from Randy Mayer's development. Ferris said it was not fair and equitable that a person should have to pay such a high price to improve his property. Ann Thies asked Ron Batty if there was anything that distinguished this property from any other since the City routinely asked for easements from developers. Batty said it was a judgment call as to whether the City should require the dedication in this instance. He said the City should be looking out for the long range good of the public as a whole. Batty said the City can require reasonable dedications in conjunction with a plat and disagreed with Mayer's contention that the Supreme Court ruling prohibited requiring the dedication. Batty suggested that perhaps the Council 123 should base its decision on how definite it believed the additional right-of-way was needed. Mayer noted that Western Oil had sold 40 feet of right-of-way to Hennepin County in 1968 for one dollar. Mayer said the county's intent to expand County Road 116 was not sincere because there were no definite plans to improve the roadway in the next five to ten years. Zietlow asked how far in advance the county made plans to improve a county road. Gustafson said the county had a capital improvement plan through 1999. He said there was nothing in their plans for four lanes on County Road 116. Gustafson said the existing traffic counts on Co. Rd. 116 warranted four lanes. He pointed out that 90 percent of the south bound traffic going onto Highway 55 went east. MOVED BY JOHNSON, SECONDED BY FERRIS, TO AUTHORIZE CITY STAFF TO PREPARE A RESOLUTION GRANTING FINAL PLAT APPROVAL TO RANDY MAYER WITH NO DEDICATION REQUIREMENT FOR ADDITIONAL RIGHT-OF-WAY FOR THE FOLLOWING REASONS: (1) IT WOULD FORCE THE APPLICANT TO APPLY FOR A VARIANCE TO MEET THE HARDCOVER RATIO; AND (2) THE COUNTY HAS NO IMMEDIATE PLANS TO EXPAND COUNTY ROAD 116 TO FOUR LANES. MOTION PASSED UNANIMOUSLY. MOVED BY JOHNSON, SECONDED BY MAYOR THEIS, TO AUTHORIZE STAFF TO PREPARE A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO RANDY MAYER WITH THE TWELVE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION, SUBJECT TO STAFF REVIEW AND APPROVAL OF REVISED SITE PLAN. MOTION PASSED UNANIMOUSLY. Gustafson recommended that a financial guarantee of 150% of the cost estimate, or $139,743, be provided to the City. Gustafson said Mayer still had to provide more information regarding grading, parking lot construction, and erosion control during construction and treatment of stormwater runoff, as noted in his letter of July 6, 1995. Batty noted that the resolutions would not be brought back to the city council for adoption until the matters raised by the city engineer and staff had been resolved. 7. Suburban Hennepin Regional Park District -- CUP Amendment The Suburban Hennepin Regional Park District requested an amendment to its existing conditional use permit for a 1,628 square foot addition to the clubhouse located at Baker National Golf Course, 2935 Parkview Drive. The addition would provide additional office space, rental display space, and storage. The Planning Commission recommended approval with seven conditions. 124 Jim Johnson asked if there were any plans to tear down the old clubhouse. Alex Meyer, landscape architect for the Park District, said the old clubhouse was being used for storage and would someday be torn down. Meyer said there would be additional overflow parking for 35 cars around the perimeter of the existing 150 car parking lot. Margie Ostland, director of special services, pointed out that outside lighting was restricted to 10:00 p.m. in the proposed amendment. She said that since staff would still be cleaning up after 10:00, they would like to keep the lights on a timing device. Ostland said the original conditional use permit allowed lighting until midnight. Phil Zietlow said he would be willing to allow lighting up until 11:00 p.m., except for special events. MOVED BY ZIETLOW, SECONDED BY THIES, TO DIRECT STAFF TO PREPARE A RESOLUTION GRANTING AN AMENDED CONDITIONAL USE PERMIT FOR A CLUBHOUSE ADDITION TO THE SUBURBAN HENNEPIN REGIONAL PARK DISTRICT WITH THE SEVEN CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION, INCLUDING THE CHANGE TO CONDITION NO. 6 WHICH NOW SPECIFIES THAT PARKING LOT LIGHTS ARE TO BE TURNED OFF AT 11:00 P.M. UNLESS THERE IS A SCHEDULED EVENT. MOTION PASSED UNANIMOUSLY. 8. Walter G. Anderson Co. -- CUP Amendment for Building Addition Walter G. Anderson Co. requested an amendment to its existing conditional use permit for a 30,000 square foot building addition to the north side of its present facility located at 4535 Willow Drive. The addition would be for non -production warehouse space only. The Planning Commission recommended approval with 11 conditions. Shawn Gustafson said a security deposit for 150% of the cost estimate, or $87,783, should be provided to the City. MOVED BY THIES, SECONDED BY JOHNSON, TO AUTHORIZE CITY STAFF TO PREPARE A RESOLUTION GRANTING AN AMENDED CONDITIONAL USE PERMIT TO WALTER G. ANDERSON CO. FOR A BUILDING ADDITION WITH THE ELEVEN CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION; AND TO REQUIRE A SECURITY DEPOSIT OF $87,783 AS RECOMMENDED BY THE CITY ENGINEER. MOTION PASSED UNANIMOUSLY. 9. Lundgren Bros. Construction -- Request for Reduction of Financial Guarantee Lundgren Bros. Construction, Inc. requested that the City reduce their financial guarantee to reflect work completed through the end of June in accordance with their Development Agreement. Shawn Gustafson said that approximately 50 percent of the 125 site grading work was completed in accordance with city standards and was acceptable from an engineering standpoint. He recommended a reduction in the financial guarantee from $315,000 to $157,500. MOVED BY JOHNSON, SECONDED BY MAYOR THEIS, TO APPROVE THE REDUCTION OF LUNDGREN BROS. FINANCIAL GUARANTEE FROM $315,000 TO $157,500 PER THE RECOMMENDATION OF THE CITY ENGINEER. MOTION PASSED UNANIMOUSLY. 10. Land Alteration Permit for Wally Cates Loren Kohnen said Wally Cates wished to obtain a land alteration permit to remove 15,000 yards of dirt from the old drive-in theater site located on Highway 55. Kohnen said the dirt would be hauled to Walter G. Anderson Co. in conjunction with their building addition. Kohnen recommended that a berm be placed on the north side of Cates' property to screen it from the Cherry Hill Farm Addition. MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO AUTHORIZE THE ISSUANCE OF A LAND ALTERATION PERMIT TO WALLY CATES PROVIDED THAT A BERM IS PLACED ON THE NORTH SIDE OF THE APPLICANT'S PROPERTY TO SCREEN IT FROM CHERRY HILL FARM. MOTION PASSED UNANIMOUSLY. 11. Payment of Bills MOVED BY THIES, SECONDED BY ZIETLOW, TO APPROVE PAYMENT OF ORDER CHECK NUMBERS 14847-14895 IN THE AMOUNT OF $74,376.06 AND PAYROLL CHECK NUMBERS 14446-14464 IN THE AMOUNT OF $13,540.61. MOTION PASSED UNANIMOUSLY. 12. Adjournment MOVED BY THIES, SECONDED BY JOHNSON, TO ADJOURN THE MEETING AT 9:35 P.M. MOTION PASSED UNANIMOUSLY. Anne E. Theis, Mayor ATTEST: Je .�Kaf�on, Clerk -Treasurer August 1, 1995