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HomeMy Public PortalAbout09/01/98 CCM181 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 1, 1998 The City Council of Medina, Minnesota met in regular session on September 1, 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: Police Chief Ed Be!land, Attorney Ron Batty, Public Works Director Jim Dil'man, Zoning Administrator Loren Kohnen, City Engineer Glenn Cook, and City Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Recycling Bin Purchase B. Discussion on Letter from Randy Mayer C. Update on Meeting with Plymouth City Planner D. Update on Loretto Police Contract Moved by Jim Johnson, seconded by Phil Zietlow, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes of the August 18, 1998 City Council Meeting Moved by Phil Zietlow, seconded by Jim Johnson to approve the minutes as presented. Motion passed unanimously. 3. Consent Agenda A. Tobacco License for North American Liquors B. Resolution Granting Preliminary Plat Approval - Thomas Sawvel Ron Batty asked to have item C pulled from the consent agenda. Moved by Jim Johnson, seconded by Phil Zietlow, to approve item A and B on the consent agenda. Motion passed unanimously. 4. Final Plat for Lance Beaulieu - from the Consent Agenda Ron Batty said when this matter was last discussed at the planning commission level, it included a 60 x 100 foot outlot, the current draft does not include that outlot. Batty wanted to make sure the city council realized there was a change in the request that may affect how the property is used. There was some discussion about how this would affect the access to the property. The city council in the end agreed to approve the final plat with the modification. Moved by Phil Zietlow, seconded by John Hamilton to approve Resolution 98-49, granting a final plat for Lance Beaulieu. Motion passed unanimously. 5. Comments from Residents in Attendance Anne Theis, 4651 Walnut Street, said there has been a significant problem with water ponding on the Independence Beach Park property which has caused a significant mosquito problem. She said they had spoken with the Mosquito Control District and they will not do anything, but they do believe that it is a serious problem and that this area does breed a significant amount of Medina City Council Meeting Minutes September 1, 1998 182 mosquitoes. She said she spoke to Jim Dillman and he knew that there was a problem that needed to be addressed. Jim Dillman said basically this area was a storm water retention area where the drain tile has not been draining very well. He said a few years ago they replaced the tile which significantly improved the area. Dillman said the city could use the easement over Mr. Whitehead's property to put in another type of drainage system. There was some discussion about whether or not the park should be called the park since it is a storm water retention area. The consensus was to continue calling it a park. Jim Dillman said it is and has been a retention pond since the mid 80's when they cleaned up the tile line. Lavonne Leroux, 3112 Lakeshore Ave., said she was very concerned about the ponding because of the mosquitoes and because of the recent encephalitis outbreak. Jim Dillman said the intent of the storm water retention pond was to filter out the water so it does not drain directly into the lake. Glenn Cook said they may be able to use a horizontal bore to install a system that would drain the area better. There was some additional discussion about solutions for this problem. City staff was directed to take a look at this issue and come back with options. 6. Park Commission Comments Jim Dillman said Neil Wolfe will be mowing the parks this fall. 7. Planning Commission Comments Anne Theis said she heard there had been problems with attendance at planning commission meetings. She asked if the city council was planning to replace Anne Heideman's seat. There was some discussion about this. John Ferris said at this point they had not replaced that seat, but they had not eliminated the seat either. The seat is currently in limbo. Loren Kohnen said last week there was a comprehensive plan committee meeting. There was a lot of good discussion and several decisions were made based on resident input at the previous meeting. Kohnen said next week the planning commission meeting will be at 6:30 p.m. and the commission will be addressing concerns and ideas from the commercial property owners along the Trunk Highway 55 corridor and from the single family homes in the Hamel area. 8. Vacate Drainage & Utility Easement — Sawvel Moved by Jim Johnson, seconded by John Hamilton, to open the public hearing. Motion passed unanimously. Medina City Council Meeting Minutes September 1, 1998 183 Loren Kohnen showed, on an overhead, the easement to be vacated. Moved by John Hamilton, seconded by Jim Johnson, to close the public hearing. Motion passed unanimously. 9. Resolution 98-50. Vacation Drainage & Utility Easements on the Sawvel Property as shown in Exhibit A Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 98-50 Vacating Drainage & Utility Easements on the Sawvel Property. Motion passed unanimously. 10. Approval for Final Plat — Thomas Sawvel Moved by Jim Johnson, seconded by John Hamilton, to direct the city attorney to prepare a final plat resolution for Thomas Sawvel. Motion passed unanimously. 11. Kelly Neal Final Plat Loren Kohnen said he recommended approval of the final plat. He showed the lots in question on an overhead. Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 98-51 Granting a Final Plat Approval for Kelly Neal. Motion passed unanimously. 12. Kelly Neal CUP Loren Kohnen said he also recommends approval of the conditional use permit. Jim Johnson asked if the new conditions would be added to the conditions in the current conditional use permit. Ron Batty said this resolution basically keeps the old conditions and adds the new ones. Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 98-52 Granting a Conditional Use Permit to Kelly Neal. Motion passed unanimously. 13. Randy Mayer's Letter Concerning the Holiday Propane Tank John Hamilton said he spoke with Randy Mayer and Loren Kohnen about the letter from Mr. Mayer. Hamilton said the LP tank location may have created a safety issue and Loren Kohnen will work with Mr. Francis on that. Loren Kohnen said he spent a lot of time on the telephone on this issue, and they were going to address some of the safety concerns. 14. Emergency Preparedness Ordinance Ed Belland said during the past two months, they have been working on revising this ordinance. He said all of the Lake Minnetonka area communities have worked together on this ordinance to same time and money. Phil Zietlow asked how would the hierarchy work if there was a regional problem, who would take control. Ed Belland said it depends on how and where the disaster occurs. He said if there was damage in Medina, then the city of Medina would have authority within the city. Medina City Council Meeting Minutes September 1, 1998 184 Phil Zietlow said somebody else would not tell us what to do in our city. Ed Belland said yes, that's correct. Ron Batty said there were two issues for consideration here. One would be passing the ordinance, and the second would be authorizing the publication of the ordinance by title and summary. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the Emergency Preparedness Ordinance. Motion passed unanimously. Moved by Jim Johnson, seconded by John Hamilton to approve the Resolution 98-53 authorizing publication of the ordinance by title and summary. Motion passed unanimously. 15. Loretto Police Contract Ed Belland said he asked the Loretto City Council when they were going to make their decision about the police contract. They told him that they would have a decision by next month. Belland said that one of the options Loretto was considering was starting their own police department. 16. Hamel Road Jim Dillman said basically the county agreed to all of the conditions of the city except for one stop sign. He said the county will put stop signs at Hamel and Willow. John Ferris said he was surprised the county agreed so easily. There was some discussion about what action would be needed by the council. Ron Batty said a motion to modify of the agreement with the county to reflect the accelerated paving schedule would probably be in order. Moved by Jim Johnson, seconded by John Hamilton, to direct the city attorney to draft a modification of the agreement with Hennepin County reflecting the accelerated paving schedule and conditions of the project. Motion passed unanimously. 17. 1999 Preliminary Budget Paul Robinson said at the last finance committee meeting the 1999 levy increase was decreased to $41,310 or a 3.975% increase over 1998's levy. Robinson said the finance committee made an effort to keep the levy increase low. There was some discussion about the budget. John Ferris said that based on the current levy the city's portion of most residents' property taxes will actually decrease in 1999. Robinson said that final approval of the preliminary budget and levy will take place at the next city council meeting. Medina City Council Meeting Minutes September 1, 1998 185 18. Designation of the 1997 Surplus Paul Robinson said the finance committee discussed what to do with the 1997 surplus. He said that the 1997 surplus was around $300,000. Robinson explained where the surplus came from. He said a majority of the surplus came from one time events. Such as the additional revenues from the Hennepin County Public Works Building. Robinson said that last year the city council transferred the 1996 surplus into the equipment fund. This year the finance committee is recommending transferring $150,000 into the equipment fund and reserving the other $150,000 in the general fund balance under a designation for some future use. Moved by John Hamilton, seconded by Phil Zietlow, to approve the transfer of $150,000 from the general fund to the equipment fund and to place the additional $150,000 into a designated, yet undesignated reserve in the general fund. Motion passed unanimously. 19. Recycling Bins Paul Robinson said we are out of recycling bins. He said at a recent council meeting he showed the council some examples of recycling bins. He said he is ready to order them. Robinson said earlier this year a portion of the recycling commission's surplus was given back to the member cities. Robinson said that surplus was around $3,800. He said this would cover the cost of the new recycling bins. Robinson said he would like to use the surplus funds for purchasing recycling bins. Moved by John Hamilton, seconded by Phil Zietlow, to approve the use of the redistributed surplus for purchase of recycling bins. Motion passed unanimously. 20. Variance Request, Joseph & Darcie Malchow Loren Kohnen said Mr. & Mrs. Malchow are requesting a front yard setback variance to construct a 22 x 34 detached garage for parking of automobiles and a small woodworking shop. He said the planning commission, after reviewing the request, recommended a 15 foot variance instead of a 20 foot variance. Loren Kohnen said that the homeowners agreed that moving it back five feet would make it safer and function basically the same. He said all parties were happy with the 15-foot variance recommendation. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the 15 foot variance with the hardships being lot size, existing trees, and consistency with other variances in the area. Motion passed unanimously. 21. Conditional Use Permit — New Club House — Rolling Green Country Club Loren Kohnen said the Rolling Green Country Club was requesting a conditional use permit to replace their existing clubhouse with a new 39,000 square foot facility and a 2,100 square foot pool and tennis cabana. He said this is a permitted use with a conditional use permit. He said that the main building will house a kitchen, ballroom, grill, bar, restaurant, locker rooms, pro shop and a lower level cart storage underneath the pro shop. He said additional information Medina City Council Meeting Minutes September 1, 1998 186 was provided by the applicant and the city engineer, and included in the packet. Loren Kohnen read through the conditions recommended. There was a question about whether or not the existing clubhouse would remain. Loren Kohnen said the existing clubhouse would be removed once the new clubhouse was built. Rich Christianson, architect for the Rolling Green Country Club, said that the planning commission recommended taking out the traffic calming circle since the circle would not necessarily calm traffic and may even provide problems with the traffic flow. He said currently there is a speed bump in the driveway to Rolling Green Country Club. There was some additional discussion about traffic circles further down on Evergreen, There was some discussion about the trees and the screening required. Also some discussion about the barn and how the rubbish and debris would need to be removed around the barn and that Rolling Green would need to better maintain their berm in that area. Carolyn Smith, of the planning commission, raised some concerns about cleaning up around the barn and about some of the screening issues. She stated that the commission did not want any exterior storage at the barn. There was some discussion about the conditions that seemed to be different than those recommended by the planning commission. Carolyn Smith said the planning commission said the barn should be maintained and painted. She said that some of the planning commissioners thought it should have been taken down. She said the planning commission said it would not be beneficial to plant more trees along certain portions of the driveway since there are existing trees there. Phil Zietlow said Rolling Green needs to clean up the debris around the barn, fix up the barn itself, and cut down the thistles. There was some discussion about exterior lighting. The idea was that exterior lighting would be replaced over time. There was some discussion about decorative lights and a number of the conditions. Ron Batty said that in order to complete the portion of the resolution that addressed the reconstruction of Evergreen Road there would need to be a term of the assessment and an interest rate. Jim Dillman said that Rolling Green's portion of the replacement cost of the road from the feasibility study done by Bonestroo was around $82,000. Batty said he will work with staff on the terms and interest rate. There was some discussion about the amount of traffic that will be on Evergreen Road for construction. Medina City Council Meeting Minutes September 1, 1998 187 Rich Christianson said they plan on being done by late March. There was some discussion about the date. The following conditions were decided on. 1. All exterior materials on the west side of the barn on Co. Rd. 116 must be removed and the area must be screened by means of a landscaped berm; 2. The barn must be painted, secured and maintained; 3. All parking lots to the south of the clubhouse must be screened through methods acceptable to the city staff; 4. All new exterior lighting must be downcast with all sides enclosed except the bottom, with the globe and light source not visible and producing zero foot candles of lighting at the property lines. All existing lighting on the Subject Property must be replaced with lighting meeting the above standard within two years of the date of this resolution; 5. Any approved exterior storage at the maintenance building must be completely screened from view from residential areas through methods acceptable to city staff; 6. The applicant's existing identification sign at Evergreen Road and Co. Rod. 101 is allowed to remain but may not be enlarged; 7. Drainage and storm water run-off plans for the Subject Property must be acceptable to the city engineer and approved by the Elm Creek Watershed District; 8. Building and site plans must be reviewed and approved by the fire department, with special attention given to the placement of fire hydrants and fire lanes to all sides of the building; 9. Fire lanes must be built to a standard approved by the city engineer and fire chief; 10. The applicant's building plans must be submitted to the Metropolitan Council to determine the required number of sewer availability units; 11. All plumbing fixtures to be installed must be water conservation type; 12. The applicant must execute a petition and waiver agreement with the city in a form acceptable to the city attorney committing the applicant to pay special assessments for the improvement of Evergreen Road in the principal amount of $82,580, increased by the percentage change in the construction cost index since July, 1996. The special assessments will be payable over not less than 10 years at an interest rate of not more than eight percent; 13. No exterior loudspeakers or bells are allowed on the Subject Property; 14. Traffic and parking arrangements for special events to be held on the Subject Property must be made in advance with the chief of police; 15. Notice must be given in advance to the director of public works any time the swimming pool is drained; 16. The existing sanitary sewer line and manholes must be reviewed and approved by the director of public works; 17. The applicant must execute an improvement agreement with the city in a form acceptable to the city attorney to ensure completion of required site improvements; 18. The existing clubhouse must be removed from the Subject Property within 30 days of occupancy of the new facility Medina City Council Meeting Minutes September 1, 1998 188 Moved by Jim Johnson, seconded by Phil Zietlow, to approve the conditional use permit with the 18 conditions. Motion passed unanimously. 22. Tree Ordinance Ron Batty said he put this item on the agenda for the city council to either discuss or to direct back to the planning commission. He said in either case this ordinance would have to go back to the planning commission for a public hearing before the council can take action on it. Phil Zietlow said he would like to discuss some portions of the ordinance. He said he had a question about the definition of a '`forest specialist". He asked if this would be a licensed forester or if it could be a city approved appointee, he would like the latter. He said that on page 4, item C, the city forester may approve or deny a plan. Zietlow thought it should be to recommend rather than to approve or deny. He was not sure he wanted to give the forest specialist that type of power. Ron Batty asked if the city council really wanted to review each of these plans. Phil Zietlow said yes, he didn't think that there would be that many plans. This is only affecting five acre stands of trees or greater. Zietlow had questions about the standards that would trigger this ordinance. He thought that 2/10ths acres of a 5 acre woodland was not restrictive enough. He thought it should be 1 /10th of an acre. John Hamilton said he had some key points he would like addressed before this ordinance was approved. He wants to know where the problem is and the need for this type of ordinance. He said that the current system works very well. The city can require adequate protection of trees through conditional use permits and the city's subdivision ordinance. He said negotiations between the developer, staff, and council take care of these issues. He wants to know what the cost of this ordinance will be, how its enforced and who will pay for it. Hamilton said recently residents bought $9,000 worth of trees from the city. He said that through education and by reforestation voluntarily the city could take care of these issues. He was concerned that this ordinance goes against the idea that there should be the less regulation and more common sense. Phil Zietlow said he agrees with 90% of what John Hamilton said. He said that if this ordinance were in effect the city would probably have $100,000 for the tree fund in which it could plant trees all over the city. John Hamilton said if we had that kind of money, where would we plant all those trees. Jim Johnson said that tree ordinance was like other city ordinances where the city protects the way the city looks. There was more discussion about this ordinance and the effect that it would have. John Ferris said he was also concerned about the rights of individuals and protecting individuals freedom to do what they would like on their property. He said the next step would be to turn this back to the planning commission for their review and to hold a public hearing. Medina City Council Meeting Minutes September 1, 1998 189 23. Meeting with the Planner for the City of Plymouth Loren Kohnen said the Plymouth staff would like the northwest quadrant of their city to develop. He said they said if the planning commission and council decide to develop the NW corner of the city they will need the sewer capacity that Medina is using through their system. Loren said that Medina was not interested in encouraging the Elm Creek Interceptor at this time . 24. Update on the Tobacco Ordinance Ed Belland said he checked all of the stores with tobacco licenses in the city. He said all were in compliance with the new ordinance except for the North American Liquors who was operating without a license. He spoke to the manager. There was a glitch in getting the application to the city. He told them to stop selling tobacco product until their license was approved. Ed Belland said that some of the business owners said the implementation of this ordinance has cut down on their loss of cigarettes from shop lifting. John Ferris said overall this ordinance has worked out very well. He felt very good about the decision the council made. 25. Pay the Bills Moved by Jim Johnson, seconded by John Hamilton, to approve the bills, order check numbers 18776-18831 for $254,161.11 and payroll check numbers 15766-15784 for $14,391.97. Phil Zietlow asked if the $2,600 spent for the Wessin wetland delineation would be included as a part of the cost of the total project. Glenn Cook said that yes, it would. Phil Zietlow asked about the $11,000 repair to the backhoe. Jim Dillman said that the boom cracked and needed to be replaced. Motion passed unanimously. 26. Adjournment Moved by Jim Johnson, seconded by Phil Zietlow, to adjourn the meeting at 9:40 p.m. Motion passed unanimously. Atte Paul Robinson, City Clerk -Treasurer Medina City Council Meeting Minutes September 1, 1998 190 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes September 1, 1998 191 18776 18777 18778 18779 18780 18781 18782 18783 18784 18785 18786 18787 18788 18789 18790 18791 18792 18793 18794 18795 18796 18797 18798 18799 18800 18801-2 18803 18804 18805 18806 18807 18808 18809 18810 18811 18812 18813 18814 18815 18816 18817 18818 18819 ORDER CHECKS — SEPTEMBER 1, 1998 A T & T WIRELESS SERVICES 36.51 AAA STRIPING 4,077.45 ADIRONDACK DIRECT 565.28 ALLSTAR ELECTRIC 539.73 ASTECH CORP. 24,741.80 BIFF'S INC 401.30 BONESTROO, ROSENE, ANDERLIK 13,853.73 CAMAS - SHIELY DIVISION "err 01 4A4d4, 69,722.56, CIRCLE V SPECIALTIES, INC. 113.7 CLASSIC CLEANING 191.70 DAVIES WATER EQUIPMENT DELTA DENTAL 648.35 ) E-Z-RECYCLING 2,364.12 ' 2,748.41 \ 30.00 k,G,,,,,,.,-> 37,317.50 GARY'S DIESEL SERVICE 2,891.89 GRAINGER 25.23 GREAT WEST LIFE ASSURANCE 901.00 HAMEL FIRE DEPT 17,105.00 HARMON GLASS 25.00 HEALTHPARTNERS 2,890.09 HENN. CO. DEPT. OF PROP. TAX 28.32 HENNEPIN CO.TREAS.,ACCTG.SVCS. 469.97 HICKS CONCRETE 3,269.00 KENNEDY & GRAVEN 5,139.17 KERN, DEWENTER & VIERE 740.00 LAKE BUSINESS SUPPLY 631.70 LAKESHORE WEEKLY NEWS 96.25 LARSON, SANDRA 7.23 LONG LAKE FIRE DEPT 3,290.50 LONG LAKE TRACTOR & EQUIPMENT 10,938.70 LORETTO FIRE DEPT. 9,140.00 MAPLE PLAIN FIRE DEPT 815.00 MAYER DISTRIBUTING 236.79 MEDICA CHOICE 2,782.75 METRO WEST INSPECTION 12,336.50 METRO.000NCIL ENVIRONMENTAL SV 8,618.25 MIDWEST ASPHALT CORPORATION 5,676.45 MINNEGASCO 33.28 MINNESOTA DEPT. OF HEALTH 653.00 MINNESOTA MUTUAL 375.00 MINNESOTA STATE RETIREMENT SYS 205.00 ERICKSON, ROLF ENT., INC FALL MAINTENANCE EXPO FIRSTAR BANK Medina City Council Meeting Minutes September 1, 1998 192 ORDER CHECKS — SEPTEMBER 1, 1998(CONT'D) 18820 NCITE 45.00 18821 NORTHERN STATES POWER 3,204.49 18822 P.E. R.A. 3,012.06 18823 POSTMASTER 500.00 18824 ROBINSON, PAUL 7.93 18825 SCHMIT, STEVEN PLUMBING 90.50 18826 SCHOENING EXC. 294.00 18827 STRETCHER'S 38.13 18828 TWIN CITY WATER CLINIC 40.00 18829 UNUM 75.60 18830 WAYZATA, CITY OF 46.50 18831 WRIGHT-HENNEPIN SECURITY SVCS. 76.14 $254,161.11 PAYROLL CHECKS — AUGUST 31, 1998 15766 John Hamilton $ 138.52 15767 Ann C. Thies 138.52 15768 John B. Ferris 207.79 15769 Philip K. Zietlow 138.52 15770 James R. Johnson 138.52 15771 Paul A. Robinson 925.76 15772 Steven T. Scherer 1055.70 15773 Christopher R. McGill 1078.47 15774 Michael J. Rouillard 1,273.32 15775 Scott W. Kroeger 976.34 15776 James D. Dillman 1,182.62 15777 Robert P. Dressel 1,066.16 15778 Edgar J. Belland 1,454.79 15779 Martha C. Lundell 267.38 15780 Cecilia M. Vieau 709.17 15781 Laura L. Sulander 930.97 15782 Sandra L. Larson 709.21 15783 Jon D. Priem 1,190.64 15784 Jeremy L. Christenson 809.57 $14, 391.97 Medina City Council Meeting Minutes September 1, 1998