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HomeMy Public PortalAbout10/19/99 CCM179 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 19, 1999 The City Council of Medina, Minnesota met in regular session on October 19, 1999 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, and Johnson (Smith arrived at 7:33 p.m. after approval of the second motion). Members absent: None. Also present: Police Chief Ed Belland, Attorney Karen Cole, Public Works Director Jim Dillman, City Engineer Tom Kellogg, Planning & Zoning Assistant Sandie Larson, and City Clerk -Treasurer Paul Robinson. 1. Pledge of Allegiance 2. Additions to the Agenda There were none. Moved by Phil Zietlow, seconded by John Hamilton, to approve the agenda. Motion passed unanimously. 3. Approval of the Minutes from October 5, 1999 This item was tabled. Moved by Phil Zietlow, seconded by John Hamilton, to table approval of the minutes of October 5, 1999 until the next meeting. Motion passed unanimously. 4. Consent Agenda A. Acceptance of the High Bid for 1972 Ford Tandem Dump Truck. Moved by Jim Johnson, seconded by Phil Zietlow to approve the consent agenda. Motion passed unanimously. 5. Comments from Residents in Attendance on Items Not on the Agenda Dave Bangessen a representative from Holy Name Church said he had some issues relating to Holy Name's conditional use permit. He described some of the issues involved in the conditional use permit. They revolved around a condition that required two rows of 8-foot high spruce trees. There was some discussion about a solution that was agreed to by the residents and the church that involved a berm and smaller trees than were required by the CUP. He said they were requesting that the City Council change the CUP to reflect their agreement with the neighbors. John Ferris said that in order to change the CUP they would have to go through the CUP amendment process. He said this begins with the Planning Commission and then the issues would come to the City Council. He said that Sandie Larson could help him with this process. 6. Park Commission Comments There were none. 7. Planning Commission Comments There were none. Medina City Council Meeting Minutes October 19, 1999 180 8. Presentation from Sally Koenecke from the Lake Minnetonka Cable Communications Commission Sally Koenecke described some of the issues involved in the 2000 budget. She said that because of a change in administering the franchise fees the commission received both 1998 and 1999's revenues in 1999. She said these extra funds were needed to help finance moving the LMCC's offices and the setting up of their new studio. She said next year's budget will not receive nor need these additional revenues. There was a question about PEG fees. She said that the PEG fee was a $.50 fee per month per subscriber which pays for the studio and the taping of City Council meetings. She explained some of the other revenue line items and operating transfers. She said this year commissioners establish three different funds. She said this was done to make the expenditures and revenues better reflect what they were being used for. Carolyn Smith asked why there was such a large increase in the dues and subscriptions. Sally Koenecke said that was for an additional contribution to MACTA, an organization which lobbies on behalf of cable and other communication commissions. She said this additional amount was to help MACTA lobby on their behalf at the state legislature against a bill that would basically take away all the rights of local governments to regulate what happens in their right of way. Sally said she needed approval of the 2000 budget from a majority of the cities in the LMCC. Moved by Jim Johnson, seconded by Phil Zietlow, to approve the 2000 budget. Motion passed unanimously. 9. Rezoning, Subdivision and Conditional Use Permit for Rolling Green Business Park John Ferris said these items would be taken together. He said for the following reasons, they would be recommending denial of these three items. This proposal does not meet the criteria, vision, or land use of the 1990 and 1992 Comprehensive Plans. This proposal is in an area guided Urban Commercial 1 in the 2000-2020 Comprehensive Plan. He said the ordinances to be developed for this area will not accommodate this type of development. There is a moratorium in place that does not allow for commercial development within these zoning districts. John Ferris said the developer's attorney presented a letter to the Council which he would have entered into the record regarding their application. Moved by Carolyn Smith, seconded by Jim Johnson, to direct the City Attorney to draft a resolution denying items one, two and three based on those reasons. Motion passed unanimously. Medina City Council Meeting Minutes October 19, 1999 181 John Ferris said that he appreciated the time and effort that the residents put into this issue and he was sorry that it took so many meetings and caused such an inconvenience. However, he said that he would never question the integrity of any of the members of the City Council. He said that this is as principled a group as you can find and we are not City Council Members for the money, if anything, you do it because it gives you a sense of pride and satisfaction of doing the right thing for the right reason. 10. Front Yard Setback Variance and Conditional Use Permit for a Home Occupation at 1325 Elsinore Circle Sandie Larson said Mr. and Mrs. Underwood were requesting a front yard setback variance. She said this variance was previously approved by the Council, however, the Underwoods were not able to proceed as quickly as they had planned with the construction and are therefore asking, once again, for this variance. In addition they would like a conditional use permit for a home occupation for operating a beauty salon in the rear of the new garage. She said part of the reason they needed a variance, which is also part of the reason there is a hardship, is because this lot has two front yard setbacks since it abuts two streets, one on the front and rear of the property. Larson said the Planning Commission recommended approval of the variance with seven conditions. Moved by Jim Johnson, seconded by Carolyn Smith, to direct the City Attorney to draft a resolution approving a variance for a front yard setback with the conditions as recommended by the Planning Commission. Motion passed unanimously. Moved by Carolyn Smith, seconded by Phil Zietlow, to direct the City Attorney to prepare a resolution approving the conditional use permit. Phil asked if there were any calls from the neighbors. Sandie Larson said that there was a call, but that was about the variance. There were no calls regarding the conditional use permit. Motion passed unanimously. 11. Preschool/Kindergarten/Montessori School at 1500 Co. Rd. 24 Woodridge Church Sandie Larson said that Woodridge Church was requesting an amendment to their conditional use permit to allow the Wayzata Bay Montessori School to conduct their Preschool/Kindergarten classes at the church. She said this did not involve an addition to the property and would use an existing location in the church. It did, however, involve the addition of an outside play area. She said this was designated on the map included in the Council packet. Moved by Phil Zietlow, seconded by John Hamilton, to direct the City Attorney to prepare a resolution amending their conditional use permit amendment. Jim Johnson had a number of concerns about the location of the play area and its proximity to the septic system. Medina City Council Meeting Minutes October 19, 1999 182 There was a great deal of discussion about alternate locations for the playground. Ultimately the consensus of the Council was to approve a location for the playground that was behind the building versus across the parking lot and next to the septic system. There was some discussion about whether or not the neighbors were in favor of this proposal. Sandie Larson said that there were some issues raised by one of the neighbors about the conditions in the CUP that were not being complied with. She said this had to do with the lights not being turned off at night. Although the resident said that this did not bother him, he was concerned that the CUP was not being enforced. The consensus of the Council was to make sure that the conditions in the CUP were being carried out. Carole Bush, the Director of the school, described some of the activities of her school. She said the school provided a social/academic setting for children and was not just a day care center. It was for people who primarily take care of their children during the day but wanted a place to bring their kids for a few hours a few times a week. All were in favor of the CUP with the conditions as recommended by the Planning Commission, except for moving the location of the playground to the back of the building. Motion passed unanimously. 12. Side Yard Setback Variance for a Deck, 4737 Medina Lake Drive, Ken Darula Sandie Larson said this was a request for a 10 foot variance for a deck. She said the deck would be 5 feet from the property line. She said the homeowner had a surveyor check his property to make sure that this deck would not encroach on the five-foot easement. She said a building inspector checked the stakes and the footings. She said the Planning Commission recommended approval, reluctantly. Phil Zietlow said he had a problem granting a variance in this area. He said that in the Independence Beach area, they have already set a precedent because of the smaller lots where the City's ordinance cannot accommodate all of the implications of newer homes. However, this request is in a brand new subdivision. He said it was a little more difficult to approve a variance here. Ken Darula, owner of the property at 4737 Medina Lake Drive, said he understands, however, this is a fairly unique lot, with a lot of wetlands. He said this request is for a very small deck and the neighbors are okay with the placement of it. Jim Johnson said it may be okay for the current neighbors, but future neighbors may not feel that way. He said he did know what the hardship was for this variance. There was some discussion about the characteristics of the lot. Phil Zietlow said he was concerned about if the City were to approve this variance that they would get a number of other requests for variances in this area. Jim Johnson said that they have approved variances for decks. Medina City Council Meeting Minutes October 19, 1999 183 Phil Zietlow said yes that was true but that was in the older areas of the City. Ken Darula said that part of the reason for the current placement of the deck is that there is a huge picture window that would be covered by the deck if the deck were to go across the back of the property. Carolyn Smith asked if the corners of the deck would be cut off to match the addition on the house. Ken Darula said that yes they were planning to cut off the corners of the deck to match the house. After some additional discussion there was a motion. Moved by Carolyn Smith, seconded by John Hamilton, to direct the City Attorney to draft a resolution approving a variance, with the following hardships: odd size/pie shape buildable area of the lot, the location of the wetlands on the lot, and the location of the house on the limited upland area of the lot. In favor: Smith, Hamilton, Ferris, and Johnson. Opposed: Zietlow. Motion passed. 13. Approval of Liquor License and Cigarette License for the New Owners of Stop N Go Liquor Ed Belland said that he had not yet completed his background check for this application. He said that he was waiting for some additional information from the INS. Paul Robinson said that except for the background investigation the application was complete. He asked the Council for approval of the license pending the outcome of the background investigation. Carolyn Smith asked if the City had any plans for requiring training. Ed Belland said that so far that has never been mandated except for those who had a violation. Carolyn Smith said that she was interested in approving the liquor license and the cigarette license, however, she would like all new licensees to be required to participate in some training to ward off selling to minors and possible elimination of some of the other problems that have occurred. Ed Belland said that would be okay. He said he could work in some type of training. Moved by John Hamilton, seconded by Carolyn Smith, to approve the liquor license pending the background investigation and inclusion of a training program as required by the police chief. Motion passed unanimously. Moved by Carolyn Smith, seconded by John Hamilton, to approve the tobacco license with the and inclusion of a training program as required by the police chief. Motion passed unanimously. 14. Comprehensive Plan Implementation Committee Paul Robinson reviewed the memo and Council direction from the previous discussion. He said that voting members would consist of three Council Members and four Planning Commission Medina City Council Meeting Minutes October 19, 1999 184 Members. Robinson highlighted areas that may need further discussion. He said the City Council may want to establish the priorities for the committee before they begin their work. He said he wanted to make sure that everyone was on the same page as far as the scope of this project. He said the scope of this committee includes the new ordinances that needed to be created to implement the Comprehensive Plan, and the modification of existing ordinances with regard to the buffer area between residential and commercial property. He said these are all listed on the priority list. He said this committee would communicate its progress through a meeting summary, not detailed minutes. He said that citizens would not be included as voting members of the committee but that citizen participation will be integrated into the process. He said meeting times would either take place from 6 p.m. - 9 p.m. or 7 p.m. - 10 p.m. If it were from 6 p.m. - 9 p.m. then the City may want to provide food since many members will be coming directly from work. The City Council recommended a 6 to 9 p.m. with food. Robinson said the timeline included in the packet was an example of how this process would proceed. He said that the committee would, at times, work on more than one ordinance at a time, there would be citizen input incorporated into the process, and there this timelines shows that the committee will need to stay focused in order to get these ordinances done within twelve meetings. There was some discussion about the scope of the committee. The consensus of the Council was to let the committee decide on the priorities. Moved by Jim Johnson, seconded by Carolyn Smith, to approve the guidelines for the committee as presented in the memo and to set the first meeting date for November 3, 1999. Motion passed unanimously. 15. Presentation from Bill Thibault and Decision Whether or Not to Hire a Planning Consultant to Guide the City Through this Process Bill Thibault gave some background information on his firm and on projects that they have done for other cites. He described a number of different projects from cities such as Cottage Grove, Montemedi, St. Louis Park, Golden Valley, Brooklyn Park, Victoria, Minnetrista, and more. He also provided pictorial examples of projects from those cities. His examples included conservation sub -division designs, downtown re -developments, and ordinances that he has developed. There was a dialog between the City Council and Mr. Thibault about a number of different issues regarding the different types of proposals he has done. Paul Robinson mentioned to Thibault some of the concerns of the Council about the amount that he bid on one ordinance versus another. Bill Thibault said that in the end this was bid as a package which includes completion of all of the ordinances. He said he believes he can complete them for what he bid. There was some additional discussion about the projects he has completed and their applicability to the ordinances Medina needs . Medina City Council Meeting Minutes October 19, 1999 185 Thibault said that any of the ordinances he would create for Medina would be tailored to Medina. They may relate to other ordinances that he has done for other cities, however, these ordinances would be tailored to the desires and needs of the City of Medina. Moved by Phil Zietlow, seconded by Carolyn Smith, to approve entering into a contract with Bill Thibeault for the drafting of these four ordinances as a part of the implementation of the Comprehensive Plan, after the agreement is reviewed and approved by the City Attorney. Motion passed unanimously. 16. Size of the Planning Commission Sandie Larson said currently there are seven Planning Commissioners. She said the City Council has talked a number of times about keeping the Commission at seven members. There was some discussion by the Council about keeping it at seven. There was some concern about representation from different areas of the City and about creating wards for different Planning Commissioners. After some additional discussion the consensus of the Council was to keep the membership at seven members There was some discussion about attendance. Lenny Leuer said he believed it would be easier if you only needed four members in order to make a quorum. He said there have been meetings where they did not have a quorum and were not able to conduct business. He said keeping it at seven members would probably work better. Moved by John Hamilton, seconded by Jim Johnson, to leave the number at seven. In Favor: Hamilton, Johnson, Ferris and Smith. Opposed: Zietlow. Motion passed unanimously. 17. City Car Moved by Jim Johnson, seconded by John Hamilton, to approve of selling the Thunderbird and replacing the Thunderbird with the former Squad 108 that was currently being replaced by the police department. Motion passed unanimously. 18. Approval of the 2000 Long Lake Fire Department Budget Moved by Jim Johnson, seconded by Carolyn Smith, to approve the Long Lake Fire Department Budget. Motion passed unanimously. 19. Resolution Requesting Conveyance of Tax Forfeited Property Robinson said that there was a small piece of property in tax forfeiture abutting a City trail. He said that at some point in the future the City may want this property for a trail. If so the City needs to pass a resolution allowing conveyance of the property to the City for such a public purpose. Moved by Jim Johnson, seconded by Phil Zietlow, to approve Resolution 99-59 requesting conveyance of tax forfeited property. Motion passed unanimously. 20. Year 2000 Update Paul Robinson wanted to know if the City would like to look into getting year 2000 insurance from our insurance company. He said the cost would be around $1,800. It would cover the City up to its $750,000 liability limit, plus $25,000 per incident for replacement of Y2K related equipment. He said that without Y2K insurance the City would be covered for up to $5,000 in Y2K related and $25,000 for liability. He said in order to apply, the City would need to submit its Medina City Council Meeting Minutes October 19, 1999 186 contingency plan, its inventory, and other materials. He asked the City Council if they would be interested in taking this insurance. There was considerable amount of discussion about whether or not the City needed this insurance. Robinson said that for the most part, the department heads believe their departments are Y2K compliant, notwithstanding potentially small Y2K issues, but overall the sewer and water and police departments both felt that they were compliant. The City Council, after some additional discussion, decided not to take the additional insurance. Moved by Phil Zietlow, seconded by Carolyn Smith, not to add Y2K insurance to the City insurance coverage. Motion passed unanimously. 21. Pay the Bills Moved by John Hamilton, seconded by Jim Johnson, to approve the bills, order check numbers 20233-20292 for $ 106, 458.45 and payroll check numbers 16294-16307 for $15,107.23. Motion passed unanimously. 22. Executive Session - To Discuss Police Union Contract. Moved by Jim Johnson, seconded by Phil Zietlow, to close the regular meeting and go into executive session. Motion passed unanimously. Moved by Carolyn Smith, seconded by John Ferris, to reconvene the regular session. Motion passed unanimously. 25. Adjournment Moved by John Hamilton, seconded by Carolyn Smith, to adjourn the meeting at 11 p.m. Motion passed unanimously. John B. Ferris, Mayor Paul RoIson City Clerk -Treasurer Medina City Council Meeting Minutes October 19, 1999 187 ORDER CHECKS - OCTOBER 19, 1999 20233 ORCHARD TRUST CO. $1,312.00 20234 P.E.R.A. 2,930.17 20235 AIR TOUCH CELLULAR 237.90 20237 AMERIPRIDE LINEN 47.19 20238 ANDERSON, EARL F. 52.35 20239 ARNE, BRUCE E. 2,468.00 20240 BARCO MUNICIPAL PRODUCTS 290.27 20241 BIFF'S INC. 80.14 20242 BROCK WHITE 2,556.00 20243 BRYAN ROCK PRODUCTS 14,843.64 20244 BUDGET PRINTING 484.15 20245 CALIBRE PRESS, INC. 398.00 20246 CASE CREDIT CORPORATION 377.70 20247 CULLIGAN 69.49 20248 DEPARTMENT OF PUBLIC 270.00 20249 ERICKSON, ROLF ENT., INC. 3,169.00 20250 FORTIN HARDWARE 60.32 20251 FORTIS BENEFITS 493.52 20252 GARY'S DIESEL SERVICE 132.35 20253 GATEWAY 2000 1,732.75 20254 GENUINE PARTS 216.74 20255 GLENWOOD INGLEWOOD 46.25 20256 GOPHER STATE ONE CALL 140.00 20257 H & L MESABI 1,895.21 20258 HAMEL BUILDING CENTER 71.03 20259 HAMEL FIRE DEPT. 17,613.00 20260 HAMILTON, JOHN 469.99 20261 HASSAN SAND & GRAVEL 2,131.85 20262 HAWKINS WATER TREATMENT 55.00 20263 JIMBO'S WINDOWS 282.88 20264 KD & COMPANY 1,597.50 20265 KENNEDY & GRAVEN 1,078.61 20266 LAWSON PUBLICATIONS, INC. 20.50 20267 LAW ENFORCEMENT LABOR 165.00 20268 LAWSON PRODUCTS, INC. 75.78 20269 MAYER MOBIL 135.25 20270 MEDICA 196.70 20271 METRO WEST INSPECTION. 16,631.40 20272 METRO.000NCIL ENVIRO. 13,916.17 20273 MIDWEST ASPHALT 4,654.01 20274 MIDWEST AUTOMOTIVE 176.95 20275 MINN COMM 30.69 Medina City Council Meeting Minutes October 19, 1998 188 ORDER CHECKS — OCTOBER 19, 1999 (Cont'd) 20276 MINNESOTA CHILD SUPP. 595.00 20277 M I N N E SOTA STATE 2,931.70 20278 NEXTEL WEST CORP 551.25 20279 NORTHERN STATES POWER 1,074.05 20280 PIONEER-SARAH CREEK 530.04 20281 REYNOLDS WELDING 74.99 20282 STREICHER'S 1,582.37 20283 TALLEN & BAERTSCHI 2,671.83 20284 TWIN CITY WATER CLINIC 20.00 20285 U.S. WEST COMMUNICATIONS 118.94 20286 U N U M 76.25 20287 UNUM LIFE INS. CO. OF 23.25 20288 WARNING LITES 226.85 20289 WEST GROUP 169.34 20290 WESTSIDE MAINTENANCE 1,620.00 20291 WRIGHT-HENNEPIN ELECTRIC 74.69 20292 XEROX CORPORATION 512.45 $106,458.45 PAYROLL CHECKS - OCTOBER 12, 1999 16294 Paul A. Robinson $ 940.03 16295 Steven T. Scherer 990.25 16296 Christopher R. McGill 962.35 16297 Michael J. Rouillard 1,267.66 16298 Scott W. Kroeger 1,150.64 16299 James D. Dillman 1,281.86 16300 Robert P. Dressel 976.64 16301 Edgar J. Belland 1,702.26 16302 Cecilia M. Vieau 839.48 16303 Laura L. Su!ander 987.03 16304 Sandra L. Larson 792.18 16305 Jon D. Priem 1,170.24 16306 Jeremy L. Christenson 946.79 16307 James Nystrom 1,099.82 $15,107.23 Medina City Council Meeting Minutes October 19, 1998