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MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER18, 2001
The City Council of Medina, Minnesota met in regular session on September 18, 2001 at 7:30
p.m. in the City Hall Chambers. Mayor John Ferris presided.
Members present: Ferris, Lane, Smith, Workman, and Zietlow.
Members absent: None.
Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman,
City Engineer Tom Kellogg, Planning & Zoning Administrator Loren Kohnen, and Administrator
Clerk -Treasurer Paul Robinson.
1. Additions to the Agenda
A. Issue Regarding the gambling license for the Loretto Fire Department.
B. Building within the Agricultural preserve zone.
Moved by Jim Lane, seconded by Phil Zietlow, to approve the agenda as amended. Motion
passed unanimously.
2. Approval of the Minutes
There was one correction on Page 4, third paragraph from the bottom, insert the word "be" after
"could".
Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the minutes of August 21, 2001.
Motion passed unanimously.
3. Consent Agenda
A. Resolution 01-50 Granting Final Plat Approval of Raskob's Lakeview Second
Addition.
B. Winter Help.
Item B was pulled from the consent agenda.
Moved by Phil Zietlow, seconded by Carolyn Smith, to approve Item A. Motion passed
unanimously.
Item B was discussed. There was some discussion about the wage being paid.
Jim Dillman said that he is asking for this hourly rate increase to $ 25 hr. because he would like
to be able to keep Ivan employed as a temporary worker and pay him enough so that he will
want to help out Medina rather than work his other job.
Moved by Phil Zietlow, seconded by Bruce Workman, to approve. Those in favor. Ferris,
Workman, Zietlow, and Lane. Those opposed: Smith. Motion passed.
4. Comments from Residents in Attendance on Items Not on the Agenda
There were none.
5. Park Commission Comments
There were none.
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September 18, 2001
206
6. Planning Commission Comments
Loren Kohnen said that there will be one item on the next Planning Commission agenda — a
variance request.
7. Survey Results from the City Wide Survey
Andrew Gustafson said there was a good response, 32% of the surveys sent out were returned.
He said of those filling out the survey 94% responded that they read the City newsletter.
Andrew Gustafson said the use of the City's web site was fairly low; around 18% of the people
who responded said they had used it. He said the City may want to consider increasing the
awareness of the City's web site. He said there were a lot of people who were upset or
disgruntled with the cable TV service. Of those who had cable TV, over 50% thought that the
service was poor to fair.
Gustafson said that there were a lot of comments about the water quality as far as the coloration
of the water. In the park section there were a lot of comments regarding walking and running
trails, and biking trails — they got a high response.
Gustafson went through a number of other survey responses. He said that he had been
working on this project with the Scouts and there were 125 volunteer Scout hours and about
200 hours put in by the City staff.
Robinson asked how many hours Gustafson had put in.
Gustafson said he had not tallied that, but it was a significant amount of hours. He said that he
began this project in October of 2000.
Phil Zietlow asked how the results reflected the actual population breakout.
Staff said that they would look at that.
Andrew Gustafson said one of the next steps in reviewing the survey results was cross
tabulating responses. He presented two examples. One showing the quality of the water by
those who lived in different water districts.
Gustafson said if a question was not answered, it was marked as no response.
He said in the park section, there were a number of responses that were blank. Therefore,
some of the percentages may not reflect the total amount of people who responded to the
survey.
Council directed staff to provide the Planning Commission and the Park Commission with
copies for their comments. Once comments were provide by the Commissions staff was to
bring their feedback to the Council.
8. Wild Meadows
Jim Dillman said he had written this memo earlier in the week and was gone on Thursday and
Friday. He said the issue has been resolved. They moved the trench. However, there were a
few other issues that have come up such as the placement of orange safety fences in the front
of the lots to limit the compaction of the ground in the front yards.
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September 18, 2001
207
He said that after some discussion with the contractors, this is evidently not a major concern of
theirs; however, there are some other issues with parking. He believed that it probably made
more sense not to put the orange safety fence and let people park in the front yards.
Carolyn Smith said that the memo talked about a lot of things not being done. Were there other
issues that had come up?
Jim Dillman said that there is a pond along Evergreen Road that had been driven over and that
portions of the open space were being compacted.
Jim Dillman said that there are just some issues where everything looks fine on paper; however,
when you are in the field things do not work out exactly as planned. He said he did not think
that the developer was pulling something on the City.
Bruce Workman said that he understands that not everything works the way it is stated on
paper, but he was concemed that the developer's agreement be adhered to.
Dave Newman said from their perspective they are not requesting any changes to the
developer's agreement. There were some issues with the first model home. He said that there
was a little disagreement about how the yard was to be dealt with, but they think it has been
resolved. They are not looking to avoid any provisions in the developer agreement. He said as
far as land compaction was concerned, they always had planned on compacting a certain
amount of the soil around the home. There needs to be a certain amount of compaction in
order to support the home.
He said they are not concerned about the amount of compaction in the front yards because that
was not factored in to the storm water treatment train and were also not included in Bonestroo's
calculations. He said they have 200 acres of open space which will also be working as a part of
the storm water treatment train and will adequately take care of the storm water runoff.
Newman said he gave Paul Robinson a copy of a CD that includes a draft of the marketing
materials they have been giving out to people looking for homes. He said to date they have
only sold one lot which is the lot that the model home is on and they are not looking to finalize
any purchase agreements until the work is done on the south end.
He also said that the Sierra Club tour -de -sprawl was going to be this Sunday and they expect to
end up at the Wild Meadow's site around 5:00 p.m. He said that there will be around 1,600
people (about 150 bikes), so if others were interested, come on up.
Steve Apfelbaum said he just wanted to give a quick update. He said that the process has been
working well, that they have had a lot of collaboration with the City and with other organizations
on the water quality, that they have recently been doing a lot of chisel plowing on the site. He
said that part of the compaction on the residential lots was being taken care of before the topsoil
was placed. He said they did chisel plow in the front yards and around in the back yards up to
within 15 feet of the house.
He gave a quick update about how the other issues were going. He said that they are very
pleased with the progress and with the grading going on.
Phil Zietlow asked how deep the chisel plowing was being done.
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September 18, 2001
208
Apfelbaum said between 22 and 32 inches.
Dave Newman said he has given staff his pager number if there is ever an issue, to please give
him a call. They have an inspector on site, but they are not always there and they do not
always catch everything, and so we can work collaboratively. He said that he is totally fine with
anybody calling him any time if they see people driving over protected areas, or if they see
anything else, please give him a call.
9. Land Alteration Permit Request from Medina Highlands
Rick Denman of the Cudd Development Company said there has been great support from the
Planning Commission, City Council, and staff, and a lot of encouragement on their project. He
said their project has been delayed because of work on the County Road 101 alignment and
working around some vacation schedules. He said they were hoping to break ground in
September and now it looks like it won't happen until October. He said they are asking if they
could get an early start on some of the grading and potentially some utility work.
There was some discussion about this.
The City Engineer expressed some hesitance with going forward with the grading plan. He is a
little more comfortable allowing some of the utility work.
Ron Batty, the City Attorney, was also uncomfortable with going forward with grading before
final plat was approved. He said with the Wild Meadows Development, this process took
several months and here we are looking to do it in a couple of weeks.
There was a significant amount of discussion. In the end the City Council was comfortable
allowing the sewer and water to be installed along the Evergreen Road from the Wild Meadows
Development to the Cudd Development so long as there was an agreement protecting the City
financially.
Batty said that it would be the developer's risk if they wanted to go ahead with that part of the
project without final plat approval.
Moved by Bruce Workman, seconded by Carolyn Smith, to authorize Cudd to install a sewer
and water main along Evergreen from the connections at the Wild Meadows Development over
to the east side of 101, and direct the City Attorney to draft an agreement with appropriate
financial guarantees. Motion passed. Jim Lane abstained.
10. Variance to the Subdivision Ordinance and Lot Combination/Replat for Daniel Bennis
at 2165 Holy Name Drive
Loren Kohnen said, that Mr. Bennis and Bennis Investment Properties were requesting a
variance to the soils requirements to replat a portion of their property. He said the property
consists of three parcels, two of which have structures on them. The property is zoned rural
residential which has five acres of contiguous good soil requirement. These properties are now
served by municipal sewer, but the zoning remains rural residential. He said that the Bennis's
are requesting a variance from the five acre soil requirement to rearrange the lot lines and replat
the property into two lots.
He said, at the Planning Commission's suggestion, this replat is being proposed so Mr. Bennis
will not need a variance for his proposed garage addition.
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September 18, 2001
209
Parcel 2 and the outlot will be combined into one parcel and a portion of the new parcel is to be
given to Parcel 1, which will also make Lot 1 meet the requirements of the shoreland ordinance.
He said that the hardship is that they are existing parcels that all existing soils have been
disturbed, no septic sites exist on the lots, and that existing Lots 1 and 2 will be enlarged. Both
parcels are served by sanitary sewer and will probably be rezoned to urban residential in the
future.
He said the Planning Commission recommended approval. The Planning Commission
approved the variance and approved the preliminary plat with four conditions.
There was some discussion about the soil conditions and about the zoning.
Moved by Bruce Workman, seconded by Phil Zietlow, to direct staff to prepare a resolution
approving the variance and replat. Motion passed unanimously.
Jim Lane said that he would like staff to provide an analysis of the Holy Name Lake area in
regards to whether or not it should be rezoned to Urban Residential rather than being in Rural
Residential since it now is being provided with municipal sewer.
Moved by Jim Lane, seconded by Phil Zietlow, to direct staff to provide these issues and
options. Motion passed unanimously.
11. Conditional Use Permit Request for an Office Warehouse from Steven Spraunqel
Kohnen said that Mr. Spraungel is requesting a conditional use permit to construct a 12,135
square foot office/warehouse at 822 Tower Drive. He said this lot is at the end of the cul-de-
sac, south of the Ditter Heating Company. He said that Mr. Spraungel was before the Planning
Commission on July 10 and the Planning Commission recommended approval with the
condition that additional information be given regarding the drainage at the site.
Loren Kohnen showed an overhead regarding the drainage. A large part of the property
receives drainage from a number of the other businesses in the area. Because of that, we need
to make sure that the drainage is not altered in this area.
Kohnen said this proposal meets all the ordinance requirements and setbacks, and the Planning
Commission also recommended approval with three conditions: that there be no outside
storage, lighting to be checked by City staff before occupancy, and that all landscaping is to be
maintained.
There was some discussion about the materials used in the building. Mr. Spraungel said the
accent material is actually a fired clay/brick and the other two materials are a composite
concrete.
Moved by Carolyn Smith, seconded by Bruce Workman, to direst staff to draft a resolution
approving the conditional use permit. Motion passed unanimously.
12.Comprehensive Plan Amendment
Paul Robinson said several meetings ago the City Council discussed amending the
Comprehensive Plan to change a portion of the Rolling Green Country Club from Public/Semi
Public to Multi -family Residential.
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September 18, 2001
210
Robinson said that they are about to send out an announcement for this hearing and wanted to
make sure that the City Council wanted to go forward with this amendment.
Robinson said there will, more than likely, be a number of Cherry Hill residents that will not be
happy with this proposal. Because of this he said he wanted to make sure the Council still
wanted the Planning Commission to hold this public hearing.
Phil Zietlow said for him it was a matter of what was appropriate and what was needed for the
City of Medina, rather than the reaction of the residents.
Bruce Workman said if we are serious we should go ahead, however, if there are a number of
people in the room opposing it, he is probably not going to be in favor of it.
Carolyn Smith said that it depends on what is the right thing to do.
There was some discussion about the reasons the Council decided to hold the public hearing.
There was also some discussion about whether or not a Multi -family Zoning would be the right
density for that area since that type of zoning on a dead end road could cause some traffic
issues.
After some discussion, the Council thought that a Urban Residential Zoning would be a better
designation.
In the end the consensus of the Council was to hold the public hearing on this proposed
Comprehensive Plan changing the property from Public/Semi-public to Urban Residential, not
Multi -family Residential.
12. Issue Regarding Building Within the Agricultural Preserve District
Carolyn Smith said this issue was being brought up because a homeowner was concerned
about their neighbor building a fairly large barn and single family home on an agricultural
preserve property and wanted to make sure that the Council was aware that this could be done.
Additionally, she wanted the Council to know that large commercial operations can take place
within the Rural Residential districts as well as within the Agricultural Preserve districts.
The Council was concerned about the issues raised.
Ron Batty said he was not able to get a copy of the letter from Kirstin Chapman's attorney. In
looking at it briefly he saw that it was called a letter of intervention regarding the application for a
building permit in the Agricultural Preserve. He said he would work on this issue with Loren
Kohnen and provide a review and some analysis for the Council to consider at the next Council
meeting.
Kirstin Chapman said she was not only concerned for her property, but for the community as a
whole, and that she would like to keep in touch with this process.
Ron Batty said that her letter was basically a data practices request to have information
regarding the application. He said that staff would provide her with that information.
There was some discussion about the tax implications of Agricultural Preserve.
Medina City Council Meeting Minutes
September 18, 2001
211
Jim Lane said that there is a great property tax advantage to placing your property in
Agricultural Preserve.
Ron Batty said he would prepare a report to the City Council. The first portion of the report will
be fact specific to the application. He said at this point he does not know how that will play out.
He said it is very likely that they will have no choice but to issue the permit, however, he will look
through the information to make sure that is the case.
The second portion of the report will be a more general and broad discussion concerning some
of the uses that the Council would want to reconsider allowing in the Agricultural Preserve and
the Rural Residential districts.
14. Goals, Mission Statement, and Values
John Ferris said that he thought that the Council should take another look at this individually and
have this discussed at a future meeting.
15. Hiring Someone to Take Minutes
Robinson said as a part of the 2002 budget $4,800 was included for a recording secretary to
take minutes at City Council meetings. He said that approval of this service was not a foregone
conclusion, but that it was to be approved by the Council with some additional justification at the
time of the request. He said he would like the Council to consider using this service. He said
that it will provide a more objective view of the meeting, help free up his time at meetings to
focus on the issues being discussed, and on implementing the Council's direction.
He said at this time he is not looking for complete authorization to go ahead and hire a service,
but would like to try the service for one meeting to see what the Council thinks about the
product.
After some discussion the Council believed that it would be better to try this for several meetings
so that the person could get to know the City better and the way they liked the minutes done
before deciding whether or not to go forward on a more permanent basis.
Moved by Bruce Workman, seconded by Jim Lane, to have the minute taking service do
minutes at four meetings before deciding whether or not they would like to continue it. Those in
favor: Workman, Lane, Smith, Ferris. Those opposed: Zietlow. Motion passed.
16. Issues Regarding the Fire Contracts
There was a significant amount of discussion about the fire contracts and whether or not to
review them.
Staff was directed to do some additional research, but not necessarily open up contract
discussions with all of the fire departments.
There was some discussion about the fire contract with the City of Maple Plain.
Moved by Phil Zietlow, seconded Carolyn Smith, to authorize staff to sign the letter to the City of
Maple Plain regarding the fire service contract. Motion passed unanimously.
Medina City Council Meeting Minutes
September 18, 2001
212
17. Pay the Bills
Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the bills, order check numbers
22862-22934 for $89,295.00, and payroll check numbers 17247-17262 for $19,883.95. Motion
passed unanimously.
18. Adjournment
Moved by Bruce Workman, seconded by John Ferris, to adjourn the meeting at 10:55 p.m.
Motion passed unanimously.
B. Ferris, Mayor
Paul ='meson, Administrator Clerk -Treasurer
Medina City Council Meeting Minutes
September 18, 2001
213
ORDER CHECKS - SEPTEMBER 18, 2001
22862 ORCHARD TRUST $880.00
22863-80 VOIDED CHECKS $0.00
22881 ALLSTAR ELECTRIC $4,837.98
22882 AMERICAN EXPRESS $1,214.22
22883 AMERICAN PLANNING ASSOCIATION $65.00
22884 AMERICAN SUPPLY GROUP $24.95
22885 AMERIPRIDE LINEN & APPAREL SVC $50.97
22886 BUDGET PRINTING $1,766.79
22887 CANDLELIGHT FLORAL $59.25
22888 CERES ENVIRONMENTAL SVCS. $2,410.00
22889 CIPHER LABORATORIES $2,421.32
22890 CULLIGAN $52.66
22891 EHLERS & ASSOC. $375.00
22892 FORTIN HARDWARE $67.85
22893 GENUINE PARTS $6.36
22894 GLENWOOD INGLEWOOD $144.91
22895 HAMEL BUILDING CENTER $55.36
22896 HAMEL FIRE DEPT. $3,752.50
22897 HAMMEL, GREEN AND ABRAHAMSON $1,083.57
22898 HENNEPIN COUNTY $52.47
22899 HOLIDAY $14.89
22900 KERN, DEWENTER & VIERE $450.00
22901 KRAEMER, EDWARD & SONS, INC. $41,710.40
22902 LAKE BUSINESS SUPPLY $55.88
22903 LAKESHORE WEEKLY NEWS $135.00
22904 LAWN DETAILERS $1,520.00
22905 LEAGUE OF MN CITIES, FIN. DEPT $2,989.00
22906 MEDICA $248.00
22907 MEDINA POLICE DEPT.-PETTY CASH $95.26
22908 METRO WEST INSPECTION $7,684.15
22909 MINN COMM $30.69
22910 MOTHERS MOTORS/LORETTO TOWING $15.00
22911 NYSTROM, JAMES $16.00
22912 OIL AIR PRODUCTS $73.21
22913 PRIEM, JON $11.89
22914 PRUDENTIAL INSURANCE CO. OF AM $146.80
22915 QWEST $104.00
22916 REYNOLDS WELDING $88.35
22917 RIDGEVIEW CLINICS $103.00
22918 SALVERDA, DONALD & ASSOC. $2,279.25
22919 SAM'S CLUB #6309 $30.00
22920 STREICHER'S $1,728.45
22921 TALLEN & BAERTSCHI $2,670.38
22922 THIBAULT ASSOCIATES $333.21
22923 TRUGREEN CHEMLAWN (OSSEO) $871.19
22924 TWIN CITY WATER CLINIC $20.00
afilg5ity cou l5eefrl gfaWATERPRO $4,543.23
r 18, 24gLTIMATE OFFICE $252.33
22927 USPS $500.00
22928 VALVOLINE FLEET SERVICES $88.75
214
ORDER CHECKS SEPTEMBER 18, 2001 (CONT'D)
22929-30 VERIZON WIRELESS $538.64
22931 VIEAU, CEC $57.03
22932 VIKING INDUSTRIAL CENTER $97.63
22933 WRIGHT-HENNEPIN ELECTRIC $82.28
22934 ZIEGLER, INC $389.95
$89,295.00
PAYROLL CHECKS - SEPTEMBER 10, 2001
17251 DILLMAN, JAMES D. $1,545.11
17252 DRESSEL, ROBERT P. $961.71
17253 BELLAND, EDGAR J. $1,905.35
17254 VIEAU, CECILIA M. $992.56
17255 SULANDER, LAURA L $1,075.51
17256 LARSON, SANDRA L. $896.11
17257 BOECKER, KEVIN D. $910.20
17258 PRIEM, JON D. $1,691.69
17259 CHRISTENSON, JEREMY $1,147.49
17260 NYSTROM, JAMES $1,228.85
17261 DERMODY, WILLIAM H. $637.96
17262 NELSON, JASON $1,241.78
17247 ROBINSON, PAUL A. $1,305.97
17248 SCHERER, STEVEN T. $1,317.40
17249 MCGILL, CHRISTOPHER R. $1,765.35
17250 ROUILLARD, MICHAEL J $1,260.91
$19,883.95
Medina City Council Meeting Minutes
September 18, 2001