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HomeMy Public PortalAbout10/20/98 CCM215 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 20, 1998 The City Council of Medina, Minnesota met in regular session on October 20, 1998 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, Johnson, and Thies. Members absent: None. Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman, Zoning Administrator Loren Kohnen, City Engineer Glenn Cook, and City Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Planning consultant discussion. B. Postpone 101 assessment hearing. C. Holiday Station Lighting. Moved by Phil Zietlow, seconded by Ann Thies, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from September 14, 1998 Correction on page 2 at the end of the first paragraph, "he drew on a letter of credit" instead of "withdrew ". Moved by Ann Thies, seconded by John Hamilton, to approve the minutes of September 14, 1998 as amended. Motion passed unanimously. 3. Approval of the Minutes from October 6, 1998 Moved by Phil Zietlow, seconded by John Hamilton, to approve the minutes as presented. Motion passed unanimously. 4. Comments from Residents in Attendance on Items Not on the Agenda Fred Bixley of 1280 Phillips Drive raised concerns about the Medina hunting ordinance. He said recently there was a bow hunter hunting in camouflage very near his property line. He was concerned about the safety of his children and about the safety of the neighbors and residents in the area if bow hunters are allowed to hunt right up to a person's property line. He asked the city council to consider restricting bow hunting much like it restricts hunting with shotguns and rifles, to a certain distance of the property line, such as 100 to 200 yards. There was some discussion about the regulating of hunting. The city council said they would take up the modification of their hunting ordinance to include bow hunting. Elizabeth Sedgwick, 4182 Arrowhead Drive, said a while back she requested a speed limit sign be posted on their road. She said ever since the Hennepin County Public Works building was opened, there is a lot of traffic north on Arrowhead where the road turns from asphalt to gravel. They would like a sign posting the 30 mile per hour speed limit. Jim Dillman said he meant to get to that. It will be up this week. Medina City Council Meeting Minutes October 20, 1998 216 5. Park Commission Comments There were none. 6. Planning Commission Comments Loren Kohnen said the planning commission met early last meeting to discuss the comprehensive plan. He said it was a good meeting and that Ron Batty was also present. Kohnen said there were a number of issues discussed at the planning commission meeting, three of which are on the agenda this evening. Council members asked if the Polaris amendment had been completed. Glenn Cook said they were sending additional information to the Metropolitan Council on Wednesday. 7. Presentation by Ed Belland on Commendation for Martha Lundell Ed Belland read a letter of commendation about Martha Lundell. Belland said he received six calls from residents in the area who complimented Martha Lundell for her calm and professional manner. 8. Presentation for a Referendum on the Wayzata School District Cheri Pancratz said that she was going to touch on a number of issues relating to the bond referendum; Why the school district needs another bond, the amount of the bond, how the bond will be used, and the tax implications of that bond. Cheri Pancratz said the main purpose of this bond was to repair and upgrade a number of aging facilities. She said a lot of people know about the new high school and some of the newer facilities but there are still a number of older facilities in the district. She listed the older facilities. She described the definition of "effective age standard" used to rate the condition of schools. She said the bond referendum would total 18.5 million. She said 13.35 million would be used for repair of elementary and middle schools. This included roof repair and tuck - pointing. 4 million dollars would go towards technology upgrades. $150,000 would go to create a space for the family service center, and $450,000 would go towards land acquisition for future growth. She said on a $125,000 house there would be an additional $34.00 per year in tax because of this bond. A $190,000 house would see a $59.00 increase, and a $300,000 house would see a $100 increase. She said that based on new funding from the state, the taxpayer may actually see a decrease on their taxes even with the increased tax from the referendum. There were some questions from the council members about the reasons and need for a referendum. There were some questions from residents in attendance. Conrad Miller asked why the school district did not conduct the bond referendum as part of the November 3 election. Cheri Pancratz said they waited because this was a special issue and did not want citizens to be distracted. Phil Zietlow asked if the school district had a long-range plan for maintenance of their facilities. Medina City Council Meeting Minutes October 20, 1998 217 Mrs. Pancratz said they have plans but they do not have enough money to totally fund them. She said the school district is hoping to receive additional money from the state to make up the additional monies needed. There was some additional discussion and Ms. Pancratz thanked the council for this opportunity to speak to them. 9. Lake Minnetonka Communications Commission Budget Ann Thies said there was a small increase in the budget. Some of these increases came from changes in the new franchise agreement. She said one of the larger increases was for office rent. Currently they were renting their office space at a below market rent from U.S. West. However, U.S. West needs the building back and the LMCC does not expect to find anything as cheap as what they are currently renting for. There was also an increase in equipment maintenance repair. She said some of what Triax is currently maintaining will become the responsibility of the LMCC. There was some discussion about how many city councils had meetings cabled. There was some interest in who would be the last city to cable cast their council meetings. Moved by Jim Johnson, seconded by Phil Zietlow to approve the Lake Minnetonka Communications Communication budget. Motion passed unanimously. 10. Outlet Control Structure for Lake Medina Glenn Cook introduced the issue showing the overheads of properties affected. He said basically this was an issue concerning an application to build a control structure to permanently maintain the lake level of Lake Medina at 980 feet. He said the 980-foot level is where the lake is currently at because of obstructions and possible assistance of a beaver dam. These obstructions are keeping the lake level higher than the existing culvert, which is at 978.3 feet. He said the lake level has been at 980 feet for a number of years because of the obstructions and beaver dams. During the past several years Lundgren Bros. and the Foxberry Farms' residents have become accustomed to seeing the lake level at that height and have requested placing a control structure at the outlet to permanently keep the lake level at 980 feet. Before proceeding with the control structure the city staff and council decided to give the property owners a chance to discuss this issue. He said a number of the property owners came to this meeting concerned about the current lake level and recommended that the lake level be returned to 978.3 feet. Ron Batty, the city attorney, asked the city engineer to frame the issue for this evening. Glenn Cook said tonight the council needs to approve or deny the application from Lundgren to build a control structure keeping the lake level at 980 feet. Moved by Phil Zietlow, seconded by Jim Johnson, to decline the request to construct an outlet control structure keeping the level at 980 feet. Motion passed unanimously. There was some discussion about returning the lake level back to 978.3. That discussion was left to other property owners to make an application to the city council to change where the current lake level is at, above the existing culvert. Medina City Council Meeting Minutes October 20, 1998 218 11. Holy Name Drive Truck Traffic Jim Dillman said he put together a memo and included the ordinances regulating seasonal truck restrictions and truck traffic in the city. He said Holy Name was posted no trucks during a time when there was significant construction in Plymouth and the road was being used by large trucks hauling gravel and other materials. He said that is no longer the case and at some point the signs were taken down and city staff never replaced them. Ron Batty said after the last meeting he looked at the ordinances. He said that ordinance 415 and 430 are the ordinances regulating trucks in the city. He said he looked into the state statutes for some clarification. He said he had not found the exact statute but he believed the city could post an area to restrict all truck traffic. However, he said unless there was a weight or size restriction that was enforced on all trucks the city could not allow some trucks and restrict others, especially local trucks versus non -local trucks.. There was some additional discussion concerning the interpretations of the two ordinances and the best way for regulating truck traffic. There was some concern if truck traffic was not allowed on one street, would residents on other streets also want the same privilege of not having truck traffic. Ann Thies thought it would be difficult for garbage trucks and other construction vehicles to service residents in areas where trucks were prohibited. John Hamilton said where do you draw the Tine. Phil Zietlow said maybe we could base it on a density factor, how many houses per mile. There was some discussion about how other city's post road for no trucks, such as parkways. Ann Thies said it seems like a nice idea, but not very practical. There was some discussion about putting up a sign prohibiting truck traffic but not enforcing it, much like the speed limit is not enforceable on that street. John Hamilton said he thought it was not a good policy to have signs to restrict an activity yet not enforce it. He said there is going to be more trucks and more lights as development moves from east to west. He said with increased activity, residents are going to see an increase in trucks and traffic and that is a side effect of living in a developing area. The council decided not to take any action on this item, leaving the road with no additional truck limitations. 12. Resolution 98-61 Hamel Road Upgrade Jim Dillman said he included a resolution for upgrading Hamel Road in the council packets. Ann Thies said she thought the road would be staked before the city council approved paving Hamel Road and suggested the city wait until that was done. There was some additional discussion about staking. Medina City Council Meeting Minutes October 20, 1998 219 Jim Dillman said Hennepin County plans to talk to each resident before paving the road. He said it is too difficult to stake the entire road because one property owner may not care about a certain grove of trees and the next may. The county will try to work with the residents. This will cause the road to wind its way back and forth depending on the wishes of the property owners. After some additional discussion the city council decided to add a condition to the resolution requiring Hennepin County to meet with the property owners and satisfy their wishes as best as possible before constructing the road. Moved by Phil Zietlow, seconded by John Hamilton to approve Resolution 98-61 requesting Hennepin County to proceed with the paving of the gravel portion of Hamel Road. Motion passed unanimously. 13. Resolution 98-62 Setting Up an Assessment Hearing for Mohawk Drive Moved by Jim Johnson, seconded by Ann Thies, to approve Resolution 98-62 setting an assessment hearing for Mohawk Drive for November 17, 1998. Motion passed unanimously. 14, Rezoning Ordinance #301 and Subdivision Resolutions for Tracy and Sharon Johnson Ron Batty said Tracy and Sharon Johnson applied for a rezoning from rural residential to suburban residential for property that abuts the Foxberry Farm development along Co. Rd. 116. He said at the June 2 city council meeting, the city council approved preparation of the rezoning ordinance and the final plat approval. He said this matter was originally scheduled for the second meeting in June. However, there was some title problems, and this has been delayed until this point. Moved by Ann Thies, seconded by Jim Johnson, to approve Ordinance 301 the rezoning from rural residential to suburban residential. Motion passed unanimously. There was some discussion about the subdivision resolution. The main issue was how to take care of the water and sewer mains and whether or not the water main should be looped and how it would be paid for. After some discussion it was decided that the cost of the water main would be shared. The city would pay for a portion through trunk area charges. However trunk area charges that would apply to this subdivision would be charged. The resolution was changed to add a cost -sharing element to the water and sewer main improvements. Another issue was a petition and waiver agreement. Ron Batty said this would be better taken care of in the development agreement. The third issue was the number of trees per parcel. There was a requirement of two trees per parcel if not already on the property. Moved by Jim Johnson, seconded by Ann Thies, to approve Resolution 98-63 granting final approval of the plat of Two Birds Aspiring subdivision. Motion passed unanimously. Medina City Council Meeting Minutes October 20, 1998 220 15. Holiday Station Lights There was some discussion about a letter regarding the lights at Holiday Station. Loren Kohnen said that he had started working on this issue and that it is being taken care of. 16. Conditional Use Permit for Oversize Accessory Structure, 2400 Cates Ranch Drive Loren Kohnen said Mr. and Mrs. Cates would like to construct an accessory building, 99 feet by 51 feet, or 5,449 square feet in area. This would be of pole construction with metal siding and a roof with overhangs, gables, and eves. The zoning of the property is rural residential. The ordinance permits construction of accessory buildings over 3,000 feet with a conditional use permit for properties over 3 acres in area. The building will be used for personal storage, machinery storage, and a riding arena. The building exceeds the required 150-foot setback, with the closest property line being 225 feet from the structure. Loren said the plans were attached. He said that staff recommends one condition that the building be used for personal use only, no boarding of animals or lease space. Moved by Phil Zietlow, seconded by John Hamilton, to approve the conditional use permit with the conditions as recommended by the planning commission. Motion passed unanimously. 17. Variance Request for Side Yard Setback for Garage, 1632 Homestead Trail Loren Kohnen said Mr. Kerrison is requesting a side yard setback variance to construct a 30 x 40 foot detached garage on his property to be used for personal storage. He said the property is zoned rural residential and it meets all the setbacks except the side yard setback, where he is requesting a 10 foot variance. Kohnen said the hardships for this are the location to mature maple and oak trees, steep slopes north and south of the proposed location, an area for the septic tanks takes up much of the front yard, and the steep slope if the driveway is moved. Loren Kohnen said the planning commission approved with one dissenting vote. There was some discussion about the topography of the property. John Hamilton said he and Jim Johnson had looked at the property. John Hamilton said if you looked at the property you would see that the proposed location is really the only place where the garage fits on the property. Other locations encroach on the neighbors' views or space. There was some discussion about the hardships. Moved by Jim Johnson, seconded John Hamilton, to approve the variance request using the hardships as recommended except the mature tree hardship. Motion passed unanimously. 18. Conditional Use Permit for Addition to Campground Building, Baker Park Loren Kohnen said Hennepin Parks is requesting to double the size of the Baker Park Preserve campground office. The existing building is 412 square feet; the addition would be an additional 412 square feet for a total of 824 square feet. The property is zoned public/semi public, and because of that the city ordinance requires a conditional use permit for any construction which controls expansion or increased use. Kohnen said staff recommended approval of the request for expansion of the existing campground office with the following conditions: that it be of similar construction, exterior lighting be downcast, all parking be paved, one handicap space provided, building to meet fire codes and building codes and the building be handicap accessible. Loren Kohnen said the Medina City Council Meeting Minutes October 20, 1998 221 planning commission also recommended approval of the conditional use permit with the five conditions as recommended. Moved by Jim Johnson, seconded by Ann Thies, to approve the conditional use permit with five conditions as recommended. Motion passed unanimously. 19. Thorpe Distributing Project, Letter of Credit Release Loren Kohnen said the Thorpe Distributing project is complete and this is a motion to release the letter of credit. Moved by Ann Thies, seconded by Jim Johnson, to approve the release of the letter of credit. Motion passed unanimously. 20. Scheduling a Meeting for Department Head Reviews A meeting was scheduled for November 19 from 6 p.m. to 8:30 p.m. Food will be provided. 21. Request to Hire a Planning Consultant to Assist in Finishing the Comprehensive Plan Paul Robinson said he asked the planning commission if they would be willing to recommend to the city council hiring of a planning consultant to help complete the comprehensive plan. Robinson said a consultant would be used to assist the commission and staff in four different areas: 1 - to provide additional technical assistance, 2 - to fill in areas where base data is needed, 3 - to help with organization of the plan, 4 - to provide some review and contact, sort of an external reality check on the plan. There was some of discussion about the proposal. The city council recommended not hiring a planning consultant at this time and directed city staff to continue working on the project even though it may take longer. 22. Postpone the 101 Assessment Hearing to November 17, 1998 Moved by John Hamilton, seconded by John Ferris, to postpone the 101 watermain assessment hearing to November 17, 1998. Motion passed unanimously. 23. Approval to Hire an Intern Paul Robinson said he, Ed Belland and Sandie Larson interviewed two candidates for the intern position. He was asking for approval to hire Judd Harper for the position. He said he thinks Judd will do a very good job and get along well with city staff. Moved by Jim Johnson, seconded by Ann Thies, to approve hiring Judd Harper as a city intern at $9.00 per hour. Motion passed unanimously. 24. Gambling Ordinance Ron Batty said this issue had been discussed several months ago. At that time the city clerk presented an ordinance from the City of Long Lake. Their ordinance addresses a couple of the concerns the city council had in regards to the use of gambling proceeds. Batty said one of the concerns the city council had was that of an outside organization coming into the city and taking gambling proceeds back to another state or another part of Minnesota without spending any of the funds within Medina. Ron Batty said according to state law the most restrictive the city can be with the trade area is to only include Medina's contiguous cities. He said those cities were listed in the current draft of the ordinance, cities such as Plymouth, Corcoran, Independence, and Orono. He said based on Medina City Council Meeting Minutes October 20, 1998 222 this ordinance an organization would be required to spend 50% of its profits within the trade area. There were some question about making sure that the 50% referred to profits and not total revenues. Ron Batty said this ordinance also requires that organizations have 15 active members, 18 years or older, and requires that at least 15 members live within the city's trade area. There was a question about whether this affected the Holy Name Church or the one -day gambling permits. Ron Batty said that was a different type of gambling permit than what is being discussed here. Jim Johnson said that this ordinance would be fine and fits the needs of the community. Moved by Jim Johnson, seconded by John Hamilton to approve Ordinance # 303 and Resolution 98-64 allowing publication by Title and Summary. Motion passed unanimously. 25. Approval to Pay the Bills There were some questions about the prosecution costs. Ed Belland said that revenues from fines were up substantially, almost $4,000 to $5,000 a month, he said this is more than making up for the increased prosecution costs. Moved by Jim Johnson, seconded by John Hamilton, to approve the bills, order check numbers 18950-18993 for $46, 943.96, and payroll check numbers 15818-31 for $13, 206.64. Motion passed unanimously. 26. Adjournment Moved by Phil Zietlow, seconded by Ann Thies, to adjourn the meeting at 10:38 p.m. Motion passed unanimously. A est: Paul Robinson, City Clerk -Treasurer o n B. Ferris, Mayor Medina City Council Meeting Minutes October 20, 1998 223 ORDER CHECKS - OCTOBER 20, 1998 18950 P. E. R.A. $ 2,960.90 18951 Great West Life 901.00 18952 MN State Retirement 205.00 18953 Minnesota Mutual 375.00 18954 Air Touch Cellular 20.00 18955 Allstar Electric 3,397.37 18956 American Express 335.61 18957 Bryan Rock Products 9,808.27 18958 Budget Printing 196.5 18959 Buffalo Bituminous 12,652.44 18960 Culligan 64.22 18961 Cy's Uniforms 96.40 18962 Department of Public Safety 270.00 18963 Firstar Bank 399.00 18964 Fortin Hardware 65.89 18965 Genuine Parts 456.98 18966 Glenwood Inglewood 42.95 18967 H & L Mesabi 798.26 18968 Hawkins Water Treatment 30.00 18969 Healthpartners 2,575.48 18970 Hennepin County Support 595.00 18971 Holiday 60.62 18972 Lakeshore Weekly News 85.00 18973 Law Enforcement Labor Services 165.00 18974 Lawson Products, Inc 55.58 18975 League of Minnesota Cities 2,448.00 18976 Long Lake Photo Finishing 31.34 18977 Mayer Mobil 144.04 18978 Midwest Automotive 791.75 18979 Mothers Motors/Loretto Towing 20.00 18980 North American Foods 52.75 18981 Northern States Power 931.01 18982 Northwest Suburban Chamber 90.00 18983 Office Max, Inc. 86.17 18984 Pearson Bros., Inc. 130.50 18985 Pitney Bowes 288.32 18986 Quill Corp 27.07 18987 Star Tribune 742.00 18988 Streicher's 225.33 18989 Tallen & Baertschi 3,839.82 18990 U.S. West Communications 34.60 18991 Warning Lites 233.16 18992 Wright -Hennepin Coop. 76.14 Medina City Council Meeting Minutes October 20, 1998 224 ORDER CHECKS — OCTOBER 20, 1998 (CONT'D) 18993 Zep Manufacturing 139.46 $ 46, 943.96 PAYROLL CHECKS — OCTOBER 13, 1998 15818 Paul A. Robinson 925.76 15819 Steven T. Scherer 961.06 15820 Christopher R. McGill 867.54 15821 Michael J. Rouillard 1,254.02 15822 Scott W. Kroeger 1,077.00 15823 James D. Dillman 1,182.62 15824 Robert P. Dressel 894.71 15825 Edgar J. Belland 1,454.79 15826 Martha C. Lundell 128.04 15827 Cecilia M. Vieau 709.17 15828 Laura L. Sulander 930.97 15829 Sandra L. Larson 709.21 15830 Jon D. Priem 1,379.56 15831 Jeremy L. Christenson 732.19 $13,206.64 Medina City Council Meeting Minutes October 20, 1998