Loading...
HomeMy Public PortalAbout08/03/04 CCM213 MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 3, 2004 The City Council of Medina, Minnesota met in regular session on August 3, 2004 at 7:30 p.m. in the City Hall Chambers. Mayor Zietlow presided. I. ROLL CALL Members present: Workman, Brinkman, Lane, Zietlow, and Smith. Members absent: None. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Public Works Director Jim Dillman, City Administrator Chad Adams, City Planner Josh Doty, Police Chief Ed Belland, and Recording Secretary Liza Weniger. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Moved by Workman, seconded by Brinkman, to approve the agenda as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the July 20, 2004 Regular City Council Meeting Minutes Moved by Smith, seconded by Workman, to approve the July 20, 2004 Regular City Council meeting minutes as presented. Motion passed unanimously. V. PRESENTATION A. Interfaith Outreach & Community Partners — Appreciation for 25 Years of Service. Interfaith Outreach requested an invitation to attend Medina's City Council meeting to vocalize appreciation for City Council's support and to celebrate their twenty-five years of service. LaDonna Hoy stated Interfaith has been attending functions for all their partners in order to demonstrate appreciation to those that have helped raise funds and provide influence. Hoy stated that due to Interfaith Outreach, over 1,250 unduplicated households were served, over 40,000 pounds of food was distributed, and 1,650 housing assists were provided to those who may not have had a roof over their head. Interfaith's housing fund also helped first time homebuyers. Hoy explained that Interfaith's partners include cities, churches, corporations, schools, health systems, and the Park Nicollet Foundation. Hoy presented a cake as a way to demonstrate appreciation to the City of Medina. Peggy Rasmussen, board member for Interfaith Outreach, stated that she's proud to have been on the board and is also proud that only 12.2 % of donated/raised funds go towards administrative expenses. Rasmussen stated that there are quite a few assists Medina City Council Meeting Minutes August 3, 2004 214 that are needed in the community of Medina noting that thirty-eight residents were assisted during the 2003 fiscal year ending March 31, 2004. VI. CONSENT AGENDA Smith removed item A. A. Approval of Scope of Services for University of Minnesota Extension Service for Horse and Manure Management Consulting Smith expressed concern on whether the $2,000 allocated for Betsy Gilkerson's services would be an ample amount, and whether additional funding should be allocated which would minimize the time needed from volunteers. Smith questioned whether there was flexibility under the grant to make an increase in fund allocation. Adams stated that he would evaluate the program, as well as Betsy's time and needs, in October or November of 2004 if he thought that there would be a need for additional contract dollars. Zietlow requested that City give program a chance and review its progress at later date. Smith asked Adams if the program would begin immediately. Adams stated that Betsy would immediately start looking at coordinating education programs with the committee and determine appropriate measures to meet with individual property or stable owners. Smith confirmed that she thought the program was a smart way to educate and provide information to the residents of Medina in an immediate fashion. Moved by Workman, seconded by Smith to approve the Scope of Services for University of Minnesota Extension Service for Horse and Manure Management Consulting. Motion passed unanimously. VII. COMMENTS A. Comments from Citizens on Items Not on the Agenda There were none. B. Park Commission Doty stated at their last meeting, the Park Commission recommended approval of the play structure and boat ramp for Lakeshore Park. Staff will continue to look at, and make progress with, the Hunter Drive Trail. C. Planning Commission Doty stated that at their next meeting, the Planning Commission would have a full agenda. The last meeting included a discussion on variance in Independence Beach and was tabled pending a new design. The item will be back on the agenda for August. The Charles Cudd application is on the August agenda, however staff has met with Metropolitan (Met) Council staff and will be recommending tabling the agenda until the Met Council has issued final approval. The City did obtain an extension from Cudd on the application. Medina City Council Meeting Minutes August 3, 2004 215 Also on the August meeting, public hearings will be held for the Flood Plain Ordinance, a Three Rivers Park District shower, and a continuation of a discussion on the Keller Estates subdivision. VIII. OLD BUSINESS A. Feasibility Report for "Villages of Lake Medina" — Streets and Utilities Adams stated that on February 3, 2004, staff provided a copy of the Feasibility Report for the Charles Cudd Co. Development to City Council Members for review. The City Council has not accepted the Feasibility Report, and staff did not initially request approval due to the uncertainty of the project moving forward in the spring of 2004. Prior to the Planning Commission reviewing the Cudd plat and rezoning proposal at the August 10, 2004 meeting, staff is seeking formal acceptance of the report. Adams also requested that the name of the Feasibility report be changed to "Bridgewater at Lake Medina" from "Villages of Lake Medina." Lane stated that the project has slipped time wise and asked Kellogg if the costs originally quoted for the project will have changed. Kellogg stated that the costs are still projected as originally presented, as the scope of the project hasn't changed. Kellogg advised that if an extensive time period should pass, he would look at revising the costs as needed. The only costs that may change would be the price of steel, as the cost of steel has jumped around quite a bit. Zietlow asked Kellogg if the infrastructure of the sprinkler system was outside the scope of the feasibility report. Kellogg replied in the affirmative. Brinkman asked if the approval of the feasibility report was strictly for housekeeping reasons. Zietlow stated that the feasibility report roughly lays out the basics of the plan and the cost estimates. Batty clarified that the feasibility report is a housekeeping step that presents the scope of work for public works improvement and nothing more. Moved by Smith, seconded by Lane, to approve Resolution No. 04-43 accepting Feasibility Report regarding Street, Sanitary Sewer and Water Main Improvements related to the "Bridgewater at Lake Medina Project." Motion passed unanimously. IX. NEW BUSINESS A. Gramercy Club of Elm Creek — Building Height Adams stated Staff has reviewed concerns regarding the Gramercy projects building height and amount of block exposed on the lower level. Staff had received a proposal on Friday, July 30, 2004 from Gramercy officials, which addressed the concerns. Staff presented the revised plans from Gramercy explaining that since the plans have changed substantially since the original PUD approval, the City had requested that the developer submit a revised plan set. The revised plans provided a grading plan that covers as much block as possible, while minimizing the use of retaining walls. Medina City Council Meeting Minutes August 3, 2004 216 Adams stated that staff is looking for City Council to determine if the proposed plan changes are acceptable. Zietlow stated that it was his concern that there could potentially be an issue with the lighting posed by the new residents of Gramercy. He stated that when Council first looked at the project, a lot of time was spent laying out the plan so that there wouldn't be a problem with lighting upon division of the commercial and residential areas. Zietlow expressed that he felt it was important that a full disclosure be provided to the residents of the lighting circumstances. Lou Stocco, President of Gramercy Corporation, stated that the lighting wouldn't be an issue. Zietlow reinstated that he felt it was important that the residents receive full disclosure of the lighting circumstances. Stocco clarified that as part of marketing Gramercy, potential residents are taken to the site and shown the location of their unit as well as the view and lighting circumstances. Workman asked if Gramercy could include a disclosure in their closing documents for the sake of their residents. Stocco stated that he would look into drafting up language. Brinkman asked if the elevation had changed at the lower level of the building. Stocco stated that he had met with staff on -site to discuss alleviating the height concerns. The height around the building hasn't increased, but the site has risen two feet. He explained that Gramercy is trying to do everything they can to raise the grade. Stocco introduced Mike St. Martin, consulting civil engineer with Loucks Associates, to present the grade plan. St. Martin discussed the western and southern slopes (3:1) explaining that the grade has increased to cover the block exposure. St. Martin explained that Loucks Associates has revised the landscaping plan to provide more density for year-round coverage and to provide a layered affect. Smith asked St. Martin for the height of the spruce trees. St. Martin stated that at planting, the spruce would be eight feet in height and could grow up to forty feet. Smith asked if the drawing shows the trees at full height explaining that she felt that the drawing appears to be misleading. Stocco clarified that a passer-by will be looking up at the site from Highway 55; therefore the eight -foot trees will appear taller against the twelve feet of block. Stocco explained that although this is just a preliminary attempt to meet the requirements of the City, Gramercy would look at mixing spruce in with other faster growing trees in an effort to better fill in and beautify the site. Brinkman asked for the reasons behind having to raise building an additional two feet. St. Martin stated that water is a main concern and its ability to flow away from the building. In reviewing the site plan with the engineer and the excavating contractor, 30,000 yards of fill was hauled off the site to keep the water away from the building. The dirt was raised with the height of the building to still hide the block. A berm was created up on the site to use as much of the dirt as possible. Medina City Council Meeting Minutes August 3, 2004 217 Brinkman stated that when the plan was originally brought to Council, the end of the building was a concern in that it needed to be good looking. Brinkman clarified that as long as there is an effort to put the money into the design of the building and landscaping to make it attractive, the proposed plan changes would be acceptable. Brinkman asked if the roof will be of a gabled affect. Steward Bestul, V.P. of Frana & Sons, Inc. and project manager on the project, stated that it will be a hip roof. Stocco stated that Gramercy wants to make the citizens of Medina proud of the building. He stated that Gramercy will try to keep the City in the loop in the future and is looking for volunteers from Council to work along side them to make sure the City and its citizen's needs are being met. Bestul stated that gray block in corner would be painted or left as is to soften the look. Smith stated that Medina citizens think Council approved a four-story building. Stocco clarified building is a three-story building, but height of site makes building look taller. Stocco stated that Gramercy building is going to be one of the best looking buildings he's ever done and views from each floor will be beautiful. He stated hardy plank will be used for exterior walls Brinkman volunteered to assist Gramercy on -site with changes in grading plan. Smith requested that a drawing be submitted for what the site would look like upon completion of the construction, versus the submitted plan which demonstrates the full future growth of vegetation. Zietlow again asked about the disclosure. Stocco stated that he'd look into it and provide him a response within a week. Brinkman asked for clarification on whether the first floor view would look over the lights across the street. Stocco answered in the affirmative stating that the view would look out at a level that would be at least a couple of feet over the lights. She requested if there is a major change in building that City be informed immediately. Adams stated that the changes that have been made in internal procedures to minimize these type of occurrences taking place again. Lane suggested that the City become more skeptical of projects throughout their entire process instead of relying on the "good old boy' procedure of trusting developers. Lane stated that 30,000 yards of dirt being hauled off the site somehow got lost in the translation. He clarified that it was a land alteration issue and 30,000 yards is difficult to bring back. Smith stated that now that the site is more contoured and landscaped, the proposed changes would be acceptable. Medina City Council Meeting Minutes August 3, 2004 218 Zietlow asked for an update from Brinkman as the liaison for Gramercy in two weeks. Smith expressed gratitude to Stocco for keeping affordable housing in the project. Stocco stated that the price for affordable housing is now set at approximately $197,000. It is written into the bylaws that the affordable housing rate increase can only rise 1 % a year. The bylaws instruct the owners of the maximum limit for which they can sell their units. B. Donor Wall for Hamel Legion Park Staff stated that the Park Commission has requested that Park Commissioner Gerry Dykhoff attend a City Council meeting to seek approval of a Donor Wall for Hamel Legion Park. The Donor Wall is to be funded through donations. Staff requested Dykhoff to review the proposal for Council. Staff recommended the project continually be worked through with staff as it moves forward. Staffs second recommendation is that the materials of the wall coordinate with community building. Dykhoff stated that the packet provides the project's details. He clarified the location of the wall and stated that the commitment for the funds has been worked out. With direction from Council, volunteers will build it. He brought forth ideas for the plaques that would recognize those that provided funding for the wall. Smith proposed that the person/party who donates the most should be displayed at the top; and from there, the names should be listed alphabetically. Dykhoff stated that he agreed. The idea for the main plaque was to recognize those that have donated to the projects, along with corresponding dates listed chronologically throughout the entire park. He stated that Park Commission's main concern is the color of the brick and the desire to make sure that it blends with the community building. He stated that the roof of the donor wall is to match the shelters; meaning that the shingles would be hand split shingles and would be maintenance free. Dykhoff stated that he and Dillman have also discussed placing two signs at the entrance of the park. Brinkman asked if the community appears to be satisfied with how the community building is looking and how it is facing (direction). Dykhoff stated that the citizens of Hamel area are happy to finally have the project underway and are happy with the contractor. Dykhoff stated that the Park Commission is hoping that there will be adequate parking and will not have to be increased anytime in the near future. The concern is that with softball tournaments, the parking will be inadequate. Smith stated it is important to begin construction of the wall immediately as there are many people who have donated to projects throughout the entire park. Smith expressed she would like the wall built by the time Community Building is completed. Moved by Smith, seconded by Brinkman, to approve the design and construction of the Hamel Legion Park Donor's Recognition Wall. Adams stated that the motion should include an amendment to include a condition that the project will be constructed under the supervision of the City for liability reasons. Medina City Council Meeting Minutes August 3, 2004 219 Motion passed unanimously, with amendment to include the project to be supervised by the City. Lane stated that there should also be a condition stating that design and architectural standards remain similar for all projects constructed in the Hamel Park area. Lane expressed concern that the architectural and design elements of all structures and improvements to all projects in the Hamel Park area including concessions, signage, and Community Building, etc. appear similar in appearance. He stated that the City should procure a standard of preferred materials and colors. Moved by Lane, seconded by Smith, to direct staff to prepare design guidelines for all facilities in Hamel Legion Park. Motion passed unanimously. C. Ordinance Amending City Code Section 826.69 — Section Concept Plan Ordinance Doty reviewed an ordinance revision, which shows a requested Council change to limit the number of concept plan reviews for one particular project. Currently, the ordinance does not have a limitation on the amount of submittals. The ordinance revision has been reviewed through a public hearing by the Planning Commission and has received their recommendation for approval. Smith stated her concern that there was an applicant that changed the plan upon approval after appearing before Planning Commission and before making a presentation to the City Council. She stated that she would like to make sure that something similar does not happen again. Doty stated that it would be the responsibility of staff to catch those changes. Zietlow stated that the key point to be made is that whatever Planning Commission sees, the Council should see. Adams explained that concept plans are not intended to be discussed in detail, and the ordinance change recommended tonight is to eliminate more than two concept plan reviews for one project within a period of one year. Moved by Workman, seconded by Brinkman, to approve Ordinance No. 372 amending City Code Section 826.69 regarding Concept Plan Review Procedures. Motion passed unanimously. D. Ordinance Amending City Code Section 825.33, Subd. 1 — Planning Commission Membership Doty reviewed the ordinance, which revises the number of Planning Commission members from nine to seven. Even though the Council appointed only seven members this past March, an official ordinance change via a public hearing was needed to make this a permanent change. The Planning Commission has reviewed this through a public hearing and is recommending approval. Medina City Council Meeting Minutes August 3, 2004 220 Moved by Workman, seconded by Smith, to approve Ordinance No. 373 amending Section 825.33 of the Code of Ordinances Regarding the Planning Commission. Motion passed unanimously. E. West Metro Drug Task Force (WMDT) Agreement Adams stated that staff is seeking Council direction on not only a joint powers agreement approval, but also the budgeting of resources to replace a Medina Officer who would be designated to the Task Force. There are many variables to consider as part of this analysis including potential sources of revenue, level of services desired for the Task Force, as well as existing patrol in Medina. Adams stated that Lane has also been involved in the process. Belland stated that in 2003, Medina worked in coordination with the cities of Orono, Mound, the West Hennepin Public Safety Departments, and the Sheriffs Department on the development of the WMDT and the development of the joint powers agreement. The WMDT removed approximately one million dollars of drugs off the street and the forfeiture funds have provided some funding for the Force. Both Orono and Medina have felt that it is necessary to continue to build the Task Force and have started looking at examples from the South Metro Drug Task Force. Belland has brought forth the joint powers agreement to establish the taskforce to Batty. Batty has reviewed the agreement and has drawn up an improved agreement containing applicable changes that would be needed for Medina. The one-year agreement spells out the parameters of the Task Force, how it will be run, and how it will be governed. Belland stated that calls and complaints still continue to come in, and yet if the WMDT cannot be funded through its forfeiture funds the contract can be terminated. Belland clarified that currently forfeiture funds can support Task Force until July of 2005. Belland requested Council's approval with the understanding that the WMDT will be monitored to make sure that it can be self -supported and successful. Zietlow stated his main concern is that County may step in and take over if the WMDT becomes successful, and there should be a large focus on the local area, rather than larger dealers in Metro area or regionally. Zietlow stated that he would like the joint powers agreement to remain only at a yearly contract level to provide constant monitoring of the program so that the County does not take over. Workman asked if there were problems with turf impediments. Belland stated that Medina has assisted other cities as they too would assist Medina in large drug busts. Each of the departments understand that they are making a difference on the street; and the small marijuana cases lead to the bigger drug busts. Lane stated the experimental Drug Task Force from past year did not have enough internal controls and transparency. He felt it was important that Force create an annual budget with annual reporting. He expressed that it was important that budget be set early on and County be responsible for quarterly reporting. Belland stated they would. Medina City Council Meeting Minutes August 3, 2004 221 Lane instructed Belland to ask for quarterly reporting from the start to reinforce County's responsibility to provide accounting and reporting. Lane expressed that there may be some grant opportunities that will spin off of the development of the WMDT. The grant opportunity would not only benefit the cities involved, but also the County. Belland stated he agreed with Lane and WMDT could open doors for more funding. Lane asked Belland for location of the Task Force headquarters. Belland stated location isn't public knowledge but is through a participating city. Belland stated that the hope, not guarantee, is that an operating budget will be funded through each department which will be providing $10,000. It has been anticipated that there should be $100,000 of forfeiture funds to support the Task Force. Lane asked Batty if Task Force would maintain its own liability insurance provisions and if City would waive it's statutory liability. Batty stated no to waiving statutory liability. Smith asked if there were meth labs in the City of Medina. Belland stated yes. Smith asked if public could be more readily informed via brochures. Belland stated that problem is in the rural areas for which the drug labs are easy to hide. Belland stated that if a lab is found, it needs to be reported to the Federal DEA and they will pay for the clean up. Belland informed Council Members that meth labs are dangerous and explosive; the chemical smell is what gives away the location of a lab. Belland stated that there is a need for an acquisition of an encrypted radio (800 mhz) to aid the work of Task Force. Currently, Task Force is in need of an encrypted radio and a current cost is $4,000. The cost to lease the encrypted radio may be $1,000. Moved by Smith, seconded by Lane, to approve City of Medina entering into the joint powers agreement to become part of the West Metro Drug Task Force. Motion passed unanimously. X. REPORTS A. City Administrator Report Upcoming Work Session: Adams proposed several dates to schedule a work session in order to move forward with the 2005 budget planning. Adams stated that the work session is necessary in order to set the preliminary levy by September 7, 2004. Adams requested from Council Members to provide him with any other topics they would like for him to research. He informed Council that the work session would be a summary and review of what was discussed at the previous work session. Zietlow asked Adams to show a reduction of a 19% tax levy increase to 10%. Smith asked when she should propose a revised schedule of liquor license fees. Adams stated that all of the City's fees, including liquor license fees would be revised in January of 2005. Moved by Workman, seconded by Brinkman, to schedule a work session for Tuesday August 24, 2004 from 6:30 to 8:30 p.m. Motion passed unanimously. Medina City Council Meeting Minutes August 3, 2004 222 Smith stated that she has a list of improvements that she would like forwarded to the space planning consultant in regard to the City Hall improvements. XI. APPROVAL TO PAY THE BILLS Moved by Workman, seconded by Brinkman, to approve the bills, order check numbers 26825-26857 for $59,534.24 and payroll check numbers 18762-18785 for $25,890.67 Motion passed unanimously. XIII. ADJOURN Moved by Workman, seconded by Brinkman, to adjourn the meeting at 9:02 p.m. Motion passed unanimously. Ph�,lip K. Zietd�ow, Mayor Attest: Chad M. Adams, City Administrator Medina City Council Meeting Minutes August 3, 2004 223 ORDER CHECKS - AUGUST 3, 2004 026825 AHLMAN, R.J. COMPANY $2,100.00 026826 ALL STEEL PRODUCTS $2,717.88 026827 ALLSTAR ELECTRIC $674.82 026828 BUDGET PRINTING $91.12 026829 BUFFALO BITUMINOUS $3,851.16 026830 CLASSIC CLEANING $399.38 026831 DELTA DENTAL $1,330.10 026832 DICKS AUTO DETAILING $42.60 026833 EHLERS & ASSOC. $10,546.75 026834 ERICKSON, ROLF ENT., INC $4,374.00 026835 FORTIS BENEPIl'S $322.46 026836 HACH COMPANY $414.81 026837 KENNEDY & GRAVEN $11,150.02 026838 KUSTOM SIGNALS, INC. $156.98 026839 LAW ENFORCEMENT LABOR SERVICES $222.00 026840 LONG LAKE, CITY OF $4,193.50 026841 MEDICA CHOICE $9,794.45 026842 METROCALL $21.07 026843 MIKE'S FIX -IT $1,167.70 026844 NEXTEL COMMUNICATIONS $792.03 026845 NORTHERN TOOL & EQUIPMENT $148.94 026846 PRESS & NEWS PUBLICATIONS $83.73 026847 QWEST $455.03 026848 RANDY'S SANITATION $109.62 026849 REED BUSINESS INFORMATION $120.33 026850 SEH(SHORT ELLIOTT HENDRICKSON) $495.97 026851 STREICHER'S $358.60 026852 TIME SAVER OFF Si'1'h SEC. $315.20 026853 UNIFORMS UNLIMITED $573.88 026854 WAYZATA, CITY OF $13.50 026855 WESTSIDE WHOLESALE TIRE $257.00 026856 WRIGHT-HENNEPIN ELECTRIC $2,207.50 026857 XCEL ENERGY $32.11 $59,534.24 224 PAYROLL CHECKS - JULY 26, 2004 018762 WORKMAN, BRUCE $138.52 018763 SMITH, CAROLYN A. $138.52 018764 BRINKMAN, RANDY $138.52 018765 ZIETLOW, PHILIP K. $207.79 018766 CHAFFINS, GARY S $793.39 018767 ADAMS, CHAD M. $1,786.96 018768 SCHERER, STEVEN T $1,261.90 018769 MCGILL, CHRISTOPHER R. $1,744.22 018770 HALL, DAVID M. $1,150.14 018771 DILLMAN, JAMES D $1,790.18 018772 DRESSEL, ROBERT P. $1,075.23 018773 BELLAND, EDGAR J $2,189.87 018774 CONVERSE, KEITH A $1,231.05 018775 VIEAU, CECILIA M. $1,052.92 018776 DINGMANN, IVAN W $1,177.46 018777 SULANDER, LAURA L. $1,155.21 018778 LARSON, SANDRA L $945.47 018779 BOECKER, KEVIN D $1,468.59 018780 DOTY, JOSHUA F. $1,526.69 018781 GREGORY, THOMAS $1,606.46 018782 GRASSMAN, MICHELLE L $200.67 018783 LANE, JAMES S. $138.52 018784 NELSON, JASON $1,712.67 018785 THUL, JEFFREY P. $1,259.72 $25,890.67