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
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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.
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September 1, 1998
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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.
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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.
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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
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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