Loading...
HomeMy Public PortalAbout09/05/06 CCM293 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 5, 2006 The City Council of Medina, Minnesota met in regular session on September 5, 2006 at 7:02 p.m. in the City Hall Chambers. Mayor Workman presided. I. ROLL CALL Members present: Cavanaugh, Smith, Weir, and Workman. Members absent: Brinkman Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed Belland. City Planner Rose Lorsung, City Administrator Chad Adams and Recording Secretary Lauren McKay. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Adams asked to add Item 8E to new business, and Item 9F to the City Administrator report. IV. APPROVAL OF MINUTES A. Approval of the August 15, 2006 Special City Council Meeting Minutes Moved by Weir, seconded by Smith, to approve the August 15, 2006 special City Council meeting minutes. Motion passed unanimously. B. Approval of the August 15, 2006 Regular City Council Meeting Minutes Weir noted several missing words and asked they be added as a clerical item through the City Administrator. Smith clarified the statement on the last page, saying it should read she is not satisfied with the backlit sign. Moved by Weir, seconded by Smith, to approve the August 15, 2006 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Resolution Granting Preliminary Plat to High Pointe Ridge on Parkview Drive B. Approve Grant Application to Laura Jane Musser Fund for Open Space Planning Initiative C. Release Financial Guarantee for Walter G. Anderson Site D. Resolution Accepting Resignation of Public Works Superintendent Joe Paumen E. Approve Plans and Specifications for Hamel Well No. 6; Advertise for Bids Medina City Council Meeting Minutes September 5, 2006 294 F. Approve Acquisition of Pictometry Software G. Accept $400 Donation from Tuesday Night Time Trials H. Approve Final Pay Request for Park Ridge Acres Utility and Street Improvements Moved by Weir, seconded by Smith, to approve the consent agenda as presented. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda John Thole, of Gramercy at Elm Creek, 100 Clydesdale Trail, asked if something uld be done with the outside storage of debris at the residence south of Gramercy on Highway 55. He presented the Council with photos of the outdoor storage. Thole -tated the outdoor storage is an eyesore. Workman asked Lorsung if the City has spoken to the resident. Lorsung stated th - City has been working with the resident for over a year. She stated the resident in que•.tion built a shed for storage and is now waiting for someone to assist him in moving th= debris into the shed. She stated the issue should be addressed within the week. Smith asked if there may be some of the debris removed. Lorsung stated the City is familiar with the resident and should be able to expedite the process. Weir asked Lorsung to report back to the Council. Smith asked if the City could remove the debris and add the expense to the prope y taxes if the resident cannot get help to remove the debris. Batty replied that if the . ite is determined to be a nuisance the City could clean it up and charge the resident. Peter Lambert, 3755 Alvarado Ln, Plymouth, stated his concern is with the hunting ordinance in Medina. He stated he lives on the border of Plymouth and Medina, in Plymouth, and there are hunters in the field behind his property. He stated there ave been numerous calls to Medina and Plymouth police regarding issues with hunter-. He stated the ordinance is somewhat outdated for the housing is in the area. Workman stated hunting is done by ordinance and that Medina hunters are regula ed by the permits. Belland stated that all of the hunters comply with the ordinances and permits. Lambert stated it is a nuisance and that he believes the hunting is too close to residential areas. Smith asked if Lambert knew it was an open field when he moved to his property. Lambert replied he did not know hunting was allowed in Medina. Weir asked if the ordinance should be addressed. Cavanaugh stated that the hun ers are complying with their permits and that there is not a safety issue. Lambert stat: d that he has seen several hunters close and he is concerned about safety. Lambert stated his issue is with the locations where people are allowed to hunt. eir asked if it would be appropriate to restrict hunting in more developed areas as Me ina Medina City Council Meeting Minutes September 5, 2006 295 develops. Belland stated the regulations are 300 feet for birdshot and 500 feet for other hunting. He stated as homes are built, the areas are closing in and are self-regulating. Workman stated he believes the problem will solve itself when the area becomes more developed. Smith stated his area is on the list as far as development. Smith stated that the reason people live in Medina is because it is more rural and people can hunt and do similar things. She stated the field in question is a substantial area and she believes it would be prudent that if Lambert sees someone hunting within the 300 feet, he call the police. Smith stated she believes one of the things making Medina special with its rural feel is that people can hunt. Smith stated that as long as hunters are abiding by the law, there is nothing the City can do. Belland told Lambert that if he sees anything illegal to call the Medina police and they will check permits. Ralph Dyken, of Gramercy at100 Clydesdale, stated he spoke in August regarding Medina passing a greenhouse gas resolution and said that since it is not on the agenda, he is returning to bring the issue up again. He stated that if Medina will pass a resolution, he will take it to other neighboring cities to try and pass such ordinances. Adams said it is on the agenda for the next meeting. Adams stated Staff has been discussing the issue and how it will affect the City and daily operations and Staff needs direction from the Council about how the resolution will be implemented. Fred Webber, Gramercy Club Cooperative at Elm Creek, 100 Clydesdale Drive, spoke in support of John Thole regarding the residence at 62 Highway 55. He stated that several people in Gramercy have concerns about the property. Webber noted the City's junkyard ordinance and said he will follow up with Lorsung. B. Park Commission Adams stated one of the issues is the County Road 19 trail discussion, which will be a public hearing. He stated there are a few other items on the agenda also, but the trail discussion will be the major part of the meeting. He noted that the public hearing will be at 7:00 p.m. C. Planning Commission Lorsung stated there has been a five -week break since the last meeting. She noted the agenda items. She stated there are two site plans proposed at the Target site, one that is a Wells Fargo and one that is a multi -tenant building. She stated the plans would require re -platting of the area. Lorsung noted there are three ordinances to be addressed for which the Planning Commission has taken direction from the Council, including park dedication updates, rural residential setbacks for properties of less than 5 acres, and the 1000 foot notification for all land -use applications. Medina City Council Meeting Minutes September 5, 2006 296 VII. OLD BUSINESS A. Site Survey of City Hall Property — Kodet Architectural Group, Inc. Adams introduced Ed Kodet of the Kodet Architectural Group, Inc. Kodet stated there were several questions. Weir asked specifically about why the cost was not included in the initial RFP. Kodet answered that when architects work with clients, surveys, soil borings, and special inspections are usually provided by the owners. He stated in an RFP, it is not possible and practical for an architectural form to include a quote for a survey. Kodet stated that in terms of price, the lowest of the bids was $6,200. He stated the firm was asked to survey 11 acres in considerable detail. He stated that in planning, they are required to consider how much land there is available. He explained issues that may come up will be addressed by the detailed survey. He said for his firm to provide quality information, a detailed survey is necessary. Cavanaugh asked in what sense the firm needs the detailed survey. He stated the firm is examining large-scale issues such as how big the new hall needs to be and where it needs to be. Kodet stated that because there are several sites being discussed, including the current site, the firm needs to be able to tell the City exactly what is available at the current site. Kodet stated that until there is a survey, he cannot provide a fully correct recommendation. Workman stated it is prudent that the City have a comprehensive, detailed survey. He stated if the current site is to be considered for future use, the City needs to have such a survey. He stated the survey will be used by the City for many years. Smith stated some of the Council members were surprised at the level of detail that was recommended for the survey. She brought up the survey of 1" trees. Workman asked Kellogg if he would need such a detailed survey if he were involved in planning for the site. Kellogg replied that he would need such a survey and that the 1" tree detail was removed from the bid. Lorsung stated that in all commercial areas, significant trees are considered at 6-8 caliper inches. Kodet stated that he can modify the proposal to remove the 1" trees. He noted that the bid the City has received is an excellent price. He stated that Moved by Smith, seconded by Weir, to approve the low -bid survey from Eagan, Field, and Nowak, Inc. for $6200, as requested. Motion passed unanimously. Smith stated that if the City was to sell the property, the survey would be necessary. Workman stated it will be helpful in any situation. B. Verizon Amendment No. 2 to Site Lease Agreement Adams stated the agreement contains the amendment to use natural gas instead of diesel. He stated Verizon requested a change to the language regarding attorneys fees Medina City Council Meeting Minutes September 5, 2006 297 for the development applications. He stated Staff recommends keeping the current language. Smith noted her support for Verizon using natural gas instead of diesel. Weir asked about where the exhaust will be expelled. Bill Buell, representing Verizon, stated the exhaust currently points up but can be pointed in any direction. He noted the decibel level is in the mid-50s and is very quiet. Moved by Smith, seconded by Weir, to approve Verizon Amendment No. 2 to Site Lease Agreement, as requested. Motion passed unanimously. C. Cemetery Ordinance 1. Ordinance Related to Home Occupations and Cemeteries; Amending Section 826.98, Subdivision 2 (c) & (d) Lorsung explained that Staff tried to do their best to include all items the Council discussed at the last meeting. She stated that Staff did more research into cemeteries in other communities and included photos for the Council's review. Lorsung noted that one item pertains the land -use application that is associated with the review of the ordinance. She noted the deadline for the application is October 14th, and the applicant is waiting for the outcome of the current discussion before the decision is made about what to do with their application Lorsung stated the more pressing issue is the ordinance. She said the ordinance as presented could be utilized for current and future cemeteries. She explained Staff is comfortable with the presented ordinance and is looking for direction from Council to fill in a few of the blanks. She stated Staff is recommending approval. Weir suggested that the height be limited to 30 feet and that structures have a home- like appearance. Smith agreed with the proposed language. Weir asked for clarifications regarding Number Five on page three, which addresses upright grave markers and mausoleums. Lorsung stated the two issues should be separated. Batty stated his intent with Number Five was to say that all mausoleums and structures must be 50 feet from all property lines. He stated he wanted to leave open the option for a smaller setback distance for gravestones and other smaller items. Smyth stated that within 50 feet, structures, including gravestones and monuments, should be shorter than 36 inches. She stated she would support flush stones or six-inch grave markers within 50 feet of the property lines. Weir stated that six inches is too small. Cavanaugh and Weir supported a 2-foot limit. Workman stated he is more concerned with locations of cemeteries than what is in them. Weir asked if the issue is addressed in the ordinance. Smith stated it was. Cavanaugh stated he is not comfortable with the requirement that the cemeteries look more residential. He stated he would rather see stone structures and more traditional cemetery buildings rather than a building that looks like a home. Medina City Council Meeting Minutes September 5, 2006 298 Weir stated she believes cemeteries in residential areas will look more compatible with gabled roofs. She also noted that a three-foot limit within 50 feet of the property line, as written, is acceptable. Workman asked if there should be a berm built. Smith reiterated that she believes three feet is too high. Smith asked about wetland setbacks. Lorsung stated the only setback that is required is a 75-foot septic tank setback. She explained that there is a minimal wetland setback in rural areas. Workman stated that he believes there should be a 150-foot setback from wetlands for gravesites. Workman stated there are no state regulations regarding cemeteries and wetlands. Lorsung stated that with environmental reviews and grading plans, such issues would be addressed. Smith asked if a wetland setback requirement could be added. Lorsung stated it could. Cavanaugh brought up the original question. He suggested a 75-foot setback with a three-foot marker limit. Weir stated she believes the 50-foot setback from the property line is acceptable. Smith stated that a 24 -inch limit is better, but she still believes it is too high. She noted her support for the buildings being more residential in nature. She stated that 30 feet in height is reasonable and Weir agreed. Smith stated she would not like any monument taller than 10 feet. Weir noted that she supported 15 feet, but would be willing to approve 10 feet. Weir asked Lorsung about the proposed wetland setbacks. Lorsung replied that the City considered wetland ordinances in the past, but had not decided on setback requirements. Weir asked if the City could make the language consistent with the watershed district's setbacks. She added that she supported a 50-foot setback from wetlands. Batty explained the language the Council supported. Workman stated he supports language stating that all structures be compatible with their surroundings. Batty stated that the language stating "residential -style architecture" is very broad. Smith stated she likes language that states "compatible architecture." Weir suggested "residential style architecture that is compatible with surrounding homes" be included in the ordinance. Smith asked why there is a 24-foot road requirement. Weir stated it is needed for parking. Lorsung stated that 24 feet was suggested and that for specific sites, some accommodations and changes could be made. She suggested that the language be changed to a "case -by -case" basis with at least a minimum of 20 feet. Weir stated that the minimum road width should be 20 feet. Lorsung suggested that language regarding low -impact development or best -management practices could be included. She stated the City may want to consider some flexibility if the owner of the property is willing to comply with low -impact development. Medina City Council Meeting Minutes September 5, 2006 299 Smith suggested that language be added stating "roadways within the cemetery shall be planned to reduce the amount of hard cover with low impact design and shall be minimum 20-foot width, unless the City determines a wider grade is necessary for public safety." Lorsung stated that 20 feet is the bare minimum required by the fire marshal. Kellogg suggested the word "paved" be added. Cavanaugh asked if such gabled architecture will need more maintenance. He stated that mausoleums need to be built out of stone and should not be residential in appearance. Smith stated that service buildings should be required to be built in a residential style. Batty repeated the language for the road will state "all roadways shall be paved and 20 feet in width unless the City determines a wider road is needed for public safety." Batty stated that regarding the architecture, the propose language states "all buildings must be residential in appearance," and asked if it should distinguish "service buildings," or "all buildings." Weir stated that the language regarding the buildings be removed. Smith and Cavanaugh agreed. Moved by Weir, seconded by Cavanaugh, to approve Ordinance Related to Home Occupations and Cemeteries; Amending Section 826.98, Subdivision 2 (c) & (d), as amended. Aye- 3 Nay- 1(Workman) Motion passed. Smith asked if an application will be approved if the applicant proposes a plan consistent with the new ordinance. Lorsung stated that with the October 14Th deadline, it is improbable that Staff will have the time to prepare all necessary documents and hold all meetings. She stated if necessary, there may need to be a second Planning Commission meeting. Weir asked if a 60-day extension would be sufficient. Lorsung stated that all parties must sign an extension in order for it to be reviewed. She stated that the applicant could re -submit another application if the time runs out on the original application. Workman stated he feels the ordinance is rushed and that he is voting against the ordinance because he would like to ensure that it is the proper ordinance for long-term City planning. Smith said she is satisfied with the time spent reviewing the ordinance. 2. Resolution Authorizing Publication By Title and Summary of Cemetery Ordinance Adams noted that there must be four affirmative votes in order to publish the title and summary. Moved by Weir, seconded by Smith, to approve Resolution Authorizing Publication By Title and Summary of Cemetery Ordinance, as requested. Motion passed unanimously. D. Comprehensive Plan Timeline and Responsibilities Medina City Council Meeting Minutes September 5, 2006 300 Lorsung stated there have been a couple of updates and that three of the four dates were included in the newsletter, but the Staff report does not agree with the topics as published in the newsletter. Lorsung noted on October 16, Sewered Residential will be discussed, October 19 will be Rural Residential, November 1 will be the meeting for Rural Areas, and December 6 will be for Uptown Hamel. She noted that once approved, a flyer will be sent to residents about the meetings. Smith requested that all residents receive a map with the City's plan. She stated she would like residents to be able to indicate on a map where they would like certain things in the City. She stated she would like all residents to be able to make and submit their own comprehensive plans. She added she would like to give residents to give the opportunity to create their own plans rather than including the City's plans on the maps. Weir suggested that slow, moderate, and rapid growth projections be available at the meetings. Smith stated she would like to allow residents the opportunity to plan before such projections are available to the residents. Smith stated she would like more input from citizens without City suggestions and influence. Weir asked if two meetings of the committee will be sufficient. Lorsung replied she believes the meetings are sufficient. She noted that Staff recommends that the committee be comprised of Staff members and that the comprehensive plan committee will help draft the land -use portion of the Comprehensive Plan. Moved by Smith, seconded by Weir, to approve the dates and format, as requested. Motion passed unanimously. VIII. NEW BUSINESS A. Request for Vacation of City Easement By Steven and Elizabeth Theesfeld, 600 Shawnee Woods Rd. — Public Hearing Lorsung that the area being requested for a Vacation lies east of the cul-de-sac area on the lot and extends to the eastern lot line. She stated the current use of the easement is for drainage and the City does hold the easement. Lorsung stated Staff spent a considerable time determining which properties will be affected by the Vacation and noted that the residents who would be affected were contacted. She noted the lot and where the easement area is located. She stated Staff has indicated that several of the utility lines run parallel with the lot lines and do stub out near the Theesfeld property. Lorsung stated there were five reasons provided by the resident: 1. The City does not need the easement any longer for what it was intended for. 2. The City doesn't need the easement because it previously promised to release it. 3. The City does not need the easement for any new purpose. 4. If the golf course were to be developed, the City would not need the area anyway. Medina City Council Meeting Minutes September 5, 2006 301 5. The City should not "re -task" the easement from the original purpose due to new laws on eminent domain. Lorsung stated Staff recommends denying the easement Vacation due to timing issues. She stated that the City is currently involved in the comprehensive plan, which will help determine the land use of the area. She stated all planning efforts should be completed before considering the Vacation. Workman opened the public hearing at 8:32 p.m. Steve Theesfeld, 600 Shawnee Road, stated he spoke in favor of the tree preservation ordinance and laid out the threat he saw to the woods and history of his property. He stated that at the Council's encouragement, he applied for the Vacation. He noted his concern is a roadway in the easement area because it would take out a large number of trees. He noted that the utilities in the area are nowhere near the particular easement. He stated that the easement would likely never be continued to the east and will not be needed for utilities or roads. Theesfeld stated, with respect to the timing issue, that he has been aware of the issue and was waiting for the City to act to vacate the easement until he saw survey crews on his property. He stated he received a proposed housing development concept for the property directly south of the easement. He stated in the proposed housing concept, the developers do not make use of the easement. Lorsung noted that the map shown by Theesfeld was handed out by the developer, not by the City. Jeff Pederson, 710 Shawnee Woods Road, stated he feels it would be bad planning to grant the Vacation. He noted he would like the easement to stay as -is through the Comprehensive Plan process. David Newman, of Minneapolis, stated his company Bancor Development Group submitted the concept plan that was shown by Theesfeld. He stated that he does not need the easement, but added that he believes the City should restrain from granting the Vacation until the comprehensive plan is finished. Weir stated she is sympathetic to the request, but does not believe the easement should be released before the comprehensive plan is approved. Workman agreed. Theesfeld stated his problem is that there is a $500 fee every time a request is made and asked if the issue could be tabled. Workman closed the public hearing at 8:38 p.m. Batty stated the Council should make a definitive decision and should not table the issue. Batty stated the Council could then direct Staff to not charge Theesfeld for his next request. Moved by Weir, seconded by Smith, to prepare a resolution to deny Request for Vacation of City Easement By Steven and Elizabeth Theesfeld, 600 Shawnee Woods Rd. until the completion of the Comprehensive Plan, and to waive the fee one time after the Met Council has accepted the City's Comprehensive Plan. Medina City Council Meeting Minutes September 5, 2006 302 Smith stated she understands the need to have drainage and utility easements, but at some point when the City knows that there will not be a road in the area, it is fair to eliminate the "right-of-way" part of the easement. She stated it is a good policy to eliminate such easements so residents are not fearful that a road will be built. She noted that she would like to keep the easement for drainage or utility reasons. Cavanaugh stated that at the point in time when the City determines that no road will be built, the "right-of-way" easement should be given up. Batty stated that Staffs point is that it is too early to determine whether or not to grant the Vacation. Motion passed unanimously. B. Variance from Shoreland Setback at 2845 Lakeshore Avenue - Jeff Martin and Claudia Kauma Lorsung stated it is a request for a setback variance in a Shoreland Overlay area. She noted that there are special circumstances for such properties. She noted where the property is located and explained the zoning. Lorsung stated that the applicant is hoping to demolish the current home and build a new home with a deck overlooking the lake. She noted the property is unique because the property is bisected by Lakeshore road. She said the property is densely wooded and is fairly wet. She stated the building envelope is relatively small due to site constraints and setback requirements. Lorsung stated the proposed site plan shows the new home and all improvements. She added the setback is measured from the outer edge of the footprint of the structure, not from footings or eaves. Lorsung stated the proposed variance is to accommodate the new home and deck. She stated the proposed lakeshore setback is 71 feet, which is a 4-foot variance from the required 75-foot setback. Lorsung explained the variance criteria used to determine whether or not the variance should be approved. Lorsung stated that Staff recommended denial of the variance, but that the Planning Commission decided otherwise. She stated the City has been fairly strict with granting variances in the area. She stated if the Council agrees with the findings of the Planning Commission, a resolution approving the variance must be drafted. Lorsung stated that strictly following the code and setback requirements, Staff did not feel the variance should be approve. Jeff Martin, 2745 Lakeshore Avenue, applicant and property owner, stated he drafted a letter addressing the proposed variance. He stated the Planning Commission agreed that the property has extraordinary circumstances because there are significant constraints in the property. He stated the applicants have reduced the size of the home that will be built and that the new home will comply much better with the City requirements. Medina City Council Meeting Minutes September 5, 2006 303 Martin stated that he is only asking for a four -foot variance. He stated the new building will be in compliance with city codes and the nonconforming home will be removed. He stated he will be seeking DNR recommendations to prevent further erosion and that he and Ms. Kauma have taken many steps to preserve their land and the slope. Martin stated the Planning Commission voted unanimously to approve the variance and he noted that he believes all of the hardship criteria have been met. He stated he has made significant improvements to the property by removing the nonconforming structure and adding value to the home by designing water runoff paths and with other engineering. Wier asked if the motion to approve the variance with six findings of fact could be approved. Tom Warner, 2851 Lakeshore Avenue, neighbor to the west of Martin and Kauma stated his support for the plan. Bob Franklin, 2819 Lakeshore Avenue, stated he favors approval of the variance. He noted that the planning commission's reasons for approving the variance is because it is a minimal encroachment, the property does not lend itself to a tuck -under garage, and that the home will be consistent with the area. He noted that there have been many variances approved in the area, including one home and lawn that are closer to the shoreline area than the proposed deck of Martin and Kauma. He commented that Martin and Kauma have expressed interest in acquiring two tax -forfeit lots adjoining the property and felt discouraged by Staff. Franklin noted that there have been 20-25 buildable and unbuildable lots that have been purchased by adjacent homeowners. He stated that unless the tax -forfeit lot is needed by the City, it is good practice to get the lots back on the tax rolls by selling them to private landowners. He noted that the properties in question have been left wild and that the responsibility for caring the property will be taken by private owners than by the City. Ken Thurber, 2835 Lakeshore Avenue, Martin's neighbors to the east, stated he favors the variance and is not in favor of the 37-foot setback. Moved by Weir, seconded by Cavanaugh, to prepare a resolution to approve Variance from Shoreland Setback at 2845 Lakeshore Avenue - Jeff Martin and Claudia Kauma. with the six findings of fact: 1. Exceptional or extraordinary circumstances apply to the property and result from lot size or shape, topography, or other circumstances over which the owners had no control. 2. The literal interpretation of the provisions of the Medina Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district. 3. The special conditions or circumstances do not result from the actions of the applicant. Granting the variance will not confer on the applicant any special privileges. 5. The variance requested is the minimum variance, which would alleviate the hardship. Medina City Council Meeting Minutes September 5, 2006 304 6. The variance would not be materially detrimental to the purposes of the ordinance or to property in the same zone. Smith stated that having a more flexible ordinance for the Lake Independence area has been discussed and when the Comprehensive Plan is done, the ordinance should also be re -written to reduce the number of variances from the area. Smith asked about what will be under the deck. Martin replied that it will be gravel or grass and that the hard cover on the lot will be reduced. Motion passed unanimously. C. Resolution Contesting MCES Inflow/Infiltration 2007 Surcharge Kellogg explained that this resolution is a formality. He stated the City has several options contesting the surcharge and the option that made the most sense was to go back and look at all of the cost the City, Independence, and Greenfield have incurred. He stated the City needs to adopt the resolution to ask the Met Council to remove the 2007 surcharge and any additional surcharges. Kellogg stated the request must be made by September 15. Workman asked if it will cost the City anything to contest the surcharge. Kellogg stated it will not Moved by Weir, seconded by Smith to approve Resolution Contesting MCES Inflow/Infiltration 2007 Surcharge, as requested. Motion passed unanimously. D. 2007 Budget 1. Resolution Approving Preliminary Levy Adams stated that the preliminary levy proposed would increase the levy by $280,000. Adams stated one of his questions is about where a proposed reduction would be made, and if the City is looking at both a budget reduction and levy reduction as well. Workman stated the levy reduction is being considered. Workman stated he would like to reduce the budget to a 15% increase, and reduce the levy to a 10% increase. Smith stated the City could remove $30,000 from the Council portion of the budget and could ask for an additional $15,000. She stated she would like to ask the cuts be spread among all departments. Adams explained that the Council could reduce the budget to 15%, but leave the levy as is. Cavanaugh stated he would not like to make the levy reduction at the current plan. He stated the City could always reduce the levy later, but cannot increase. Workman stated the City needs to limit spending and the 15% budget increase is significant. He stated he would like to cap the levy at 10% increase so there is no further discussion. Medina City Council Meeting Minutes September 5, 2006 305 Weir stated that Staff will need to be added in the future and asked where the funds for Staff would come from. Adams stated that the Staff Needs Analysis report was approved last year and the document will be updated in 2007. He stated the current budget includes the proposed staff for 2007. Weir asked if the City will have enough funds to bring on the extra staff if the cuts are made. Adams stated he tries to balance staffing requests among the departments. He stated that Staff continually plans ahead as far as staffing is concerned. Smith stated that during the comprehensive plan the City needs to address the issue that it costs the City money to install additional sewered areas if more growth occurs. She stated residents need to understand that more staff will be needed, which needs to be included in the growth scenarios the residents consider. Workman stated even if the City did not grow, expenses would still continue to climb. He stated the City needs to pace itself to ensure that the cash flow in and cash flow out are maintained. Workman stated the City budget will go up regardless. Adams stated that historically, the tax rate and levy may not have been high enough and could be made up for in the next few years while growth is occuring. Workman noted his support for outsourcing and requiring developers to pay their own way. Cavanaugh stated he is more comfortable keeping the rate higher because the City can always cut the rate, but it will be far more difficult to raise. Smith stated she will not vote for a 17.5% budget increase. Adams asked if Smith would support a budget reduction from the 17.5% increase, but not decrease the levy. Smith stated she is confused about the actual numbers. Adams stated that currently, the tax rate is an estimated 15.9%, which will be a decrease from 2006 of 16.03%. He said the levy increase would be a 14.4% increase and the budget increase as proposed will be at 17.5%. He noted that other funds could be utilized to decrease the budget number. Workman stated he would like to minimize the taxes resident pay, but would favor increasing fees. Adams stated that the $2,234,000 proposed levy needs to be acted upon tonight or at a special meeting prior to September 15th. He stated that it includes the $280,000 increase in tax dollars coming in, which is a 14.4% increase. Workman asked what the number would be if the budget was the same as last year but the income from revenue increased 10%. Workman stated he would like to set the preliminary tax levy at the lowest amount possible that will allow for the City to function properly. Adams replied that several cities approve a higher number but can then reduce taxes and levies as needed. Adams stated he is looking for a resolution with a dollar amount, which would be $2.224 million. Moved by Cavanaugh, seconded by Weir, to approve Resolution A/proving Preliminary Levy, as requested. Aye — 2, Nay— 2(Workman, Smith). Motion Failed Medina City Council Meeting Minutes September 5, 2006 306 Weir stated she supports staying with the current proposal and reducing the levy later if needed. Workman added that he is wiling to increase taxes for new property owners and new properties in the City, but that current residents should not face such a large increase. Workman explained that inflationary circumstances affect both the property values and the cost of living. Workman stated the budget is not his concern but he would like to keep the levy at a low rate. Smith stated the tax rate would be at 15.89&, which would result in the $2.224 million number. Workman stated he is asking for a $5 average taxpayer reduction in levy taxes in the City. Weir stated $5 is not a large amount for Medina residents. Cavanaugh stated he would not like to sacrifice City services for a $5 reduction. Workman stated he believes the reduction is the right thing to do. Smith stated the budget has always taken a hit in the past. She said the tax levy was always approved at the maximum amount and then reduced. Cavanaugh stated the tax savings is such a small amount per resident that it would not be prudent to approve the lowest number at this point. Weir pointed out that even though residents would like to reduce taxes, they all expect excellent City services. Workman suggested that the City not spend as much money and reconsider how much the City does for residents. Weir stated she would like to work out a compromise. Cavanaugh said the time is not right to be cutting the budget. He stated that the current time is not the right time to approve 15% rather than 17.5%. Adams highlighted some of the larger budget increases as a discussion topic to receive Council feedback. One item noted is Council Salaries. Smith stated she suggested proposed a third, a third, and a third over three years. She stated that she would take out the $25,000 for the Internet Feasibility Study. Adams stated staff has had many requests for Internet service and advised the community survey may shed more light on this. Cavanaugh stated that if the survey comes back and there is no interest, the City will not provide service. Workman asked about the $236,500 increase in Employee Compensation/Benefits. Adams explained the increases for new employees, existing employees, insurance, PERA. Adams asked about the cost of the drug task force and noted that there will only be a $5000 contribution from the forfeiture fund rather than $50,000 that was contributed last year. He explained the estimated $45,000 will be allocated toward facility improvements for the Task Force and will not support the Medina Officers' compensation as in 2006. Adams stated one budget increase is $55,000 just to account for planning related reimburseables. Cavanaugh stated that the $55,000 is not an increase in the true budget since the amount will be reimbursed. Lorsung stated that with each application that comes in, she has to answer calls and review the applications with each GRC meetings, providing analysis, mapping, and Medina City Council Meeting Minutes September 5, 2006 307 more. She stated there is a lot of staff time dedicated to such requests, even if more consultant time is dedicated. She stated $55,000 is a low figure. Adams stated that the Comprehensive Plan consulting could be reduced. He stated slowing down the process could reduce the costs. Smith stated the process could be streamlined. Cavanaugh noted that more meetings will cost more money. Adams stated that the police capital equipment is a fairly constant number. Belland noted that the number is constant for upgrading police equipment. Workman asked if it could be reduced by $1200. Belland stated he could. Adams stated that the Fire Capital Outlay could not be reduced because of standing commitments, but the Building Inspection may be if the contract is re -negotiated. He noted that the proposed increase for street maintenance materials is necessary, due to rising oil costs and road condition. He also said there will be nearly a $20,000 decrease in the Community Building costs. He pointed out the proposed Fund Transfers and then asked from where the $81,000 should be cut. Workman asked about the large increase of $514,750. Cavanaugh suggested the prudent decision is to approve the $2.224 million. Weir stated she is not opposed to bringing the number down. Workman stated he would like to make the reductions now rather than later. Cavanaugh stated that the City should manage the citizens' money in a prudent manner and not rush to a decision at this point. Workman stated his proposal is to reduce the budget $81,000, which will reduce the budget to $2.2 million. He stated the levy increase should be reduced from $280,000 to $200,000. He stated the budget he is proposing is $2.144. Adams stated the tax rate will then go down to approximately 15.23% and the tax levy increase will be near 10%. Smith recommended eliminating the Internet Feasibility Study. Workman stated that if there is a large resident support for the Internet Feasibility Study that some money could be found through a separate fund. Cavanaugh disagreed with such action. Smith stated she would agree with Workman. Weir stated she would agree to Workman's suggestion, but is not willing to go lower at this point. Moved by Smith, seconded by Weir, to approve a levy increase to $2,150, 000. Motion passed unanimously. 2. Resolution Approving Preliminary General Fund Budget Adams stated he would determine where cuts could be made and that he will approach City departments asking what cuts could be made. He stated he would then make recce rnmendations to the Council about cuts. Workman stated the Council needs an understanding of the cuts. Smith recommended that $32,000 be taken out of the Council's budget. She suggested changing the increase to the Council's salaries by 1/3 a year over the next three years. Medina City Council Meeting Minutes September 5, 2006 308 Weir noted that Staff will be demoralized by increased workload if there are not the funds to pay for increased staff. Smith stated she does not suggest cutting staff first. Adams explained that the part-time office assistant was suggested by the Council and that it needs to be shared amongst departments. He asked if the position should be cut. Adams stated it is difficult for him to determine if the part-time office assistant is needed when not every Council member provides comment. Adams explained that there will be $74,000 cut from the budget based on the levy approval just made. Moved by Smith, seconded by Smith, to draft a resolution to approve a budget increase to a total of $3, 750, 595. Motion passed unanimously. 3. Approve Truth -in -Taxation Dates Adams stated the dates Moved by Weir, seconded by Cavanaugh, to approve Truth -in -Taxation Dates on December 4th at 6:30 p.m. and December 11 th at 6:30 p.m., both at City Hall. Motion passed unanimously. 4. Approve Transfer of 2005 Surplus Funds Moved by Weir, seconded by Smith to approve Transfer of 2005 Surplus Funds from General Fund with $100, 000 to Revolving Capital Improvement Fund. $25.000 to Environmental Fund, $25, 000 to Equipment Fund, and, $20, 000 to Park Equipment Fund. Motion passed unanimously. E. Three Rivers Park Barn Adams stated that Three Rivers is asking for an extension to demolish the barn. Workman stated it is a Three Rivers Park District issue. He stated he does not want to spend any money on the barn. Moved by Cavanaugh, seconded by Weir to direct Staff to prepare a letter requesting an extension for the demolition as requested. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT A. Appointment of Assistant to Planning and Public Works Moved by Weir, seconded by Cavanaugh, to appoint Dusty Finke to Assistant to Planning and Public Works, as outlined in the staff memo. Motion passed unanimously. B. Public Works Superintendent Job Posting Medina City Council Meeting Minutes September 5, 2006 309 Adams noted that he met with Joe Paumen and Public Work Staff, and at this point is not comfortable revising the job description. Adams recommended extending overtime for the Public Works crew of at least 5 hours a week, which has been agreed upon by all employees. He recommended extending the existing part-time relationship up to 20 hours a week and increasing pay to $17 an hour. Adams stated they are still on track to appoint a Public Works Maintenance person, hopefully to begin around October 1. He added that Dusty Finke would be responsible for some of the day-to-day office administration. He stated the City would also look to extend some responsibilities to Bonestroo with a retainer. Adams stated the details of the retainer are to be worked out and the retainer rates would be reduced. Cavanaugh asked if an interim person could be appointed. Adams stated it was part of his consideration, but it is not part of his recommendation, and stated the Foreman position has already assumed field work supervision. Smith stated she approves of the Bonestroo retainer to assist with paperwork and other duties. Smith also asked about contracting for the SWPPP. Adams stated his recommendation is to approve overtime, extending hours of the part- time, and contracting with Bonestroo. Moved by Weir, seconded by Smith, to approve overtime, extending hours of part-time Staff, and contracting with Bonestroo, as requested. Motion passed unanimously. C. Office Assistant Job Posting Adams stated the posting would be posted internally for 10 days and may be hired soon. Moved by Weir, seconded by Cavanaugh, to approve Office Assistant Job Posting and, as requested. Motion passed unanimously. D. Administration Intern Job Posting Adams stated the position will be vacant. Moved by Weir, seconded by Cavanaugh, to direct the City Administrator to post for and appoint the Administration Intern Job, as requested. Motion passed unanimously. E. City Engineer Report Kellogg stated in the last week, the Target site has reached substantial completion. Smith asked if there would be more landscaping. Lorsung replied there might be more plantings, but that the plantings have gone in according to the approved plan. She stated the majority of the landscaping to the rear of the building appears to be completed. Weir stated that the landscaping requirements should be considered further. smith agreed. Medina City Council Meeting Minutes September 5, 2006 310 F. Approval to Pay the Band Adams stated he is seeking direction to pay the band. Moved by Weir, seconded by Smith, to approve payment for the band, as requested. Motion passed unanimously. Adams noted that there is a local candidate forum being scheduled by the League of Women's Voters for local candidates on October 30th, which will be broadcast on the local cable channel. Adams stated there have been several complaints from residents regarding solicitors. Belland stated eight permits were issued two weeks ago. He stated by federal law, the City cannot stop the solicitors. He stated property owners can post "no solicitors" and if the soliciting continues on such properties, action could be taken. X. MAYOR & CITY COUNCIL REPORTS Workman noted that the there needs to be a decision about using the Hennepin County facilities for a possible Medina public works facility. Weir asked who would negotiate the lease. Workman stated his plan is to determine what both parties want and he and Adams will report back to the Council. Xl. APPROVAL TO PAY THE BILLS Adams reviewed the several payments. Moved by Weir, seconded by Cavanaugh, to approve the bills, order check numbers 29806-29873 for $275, 463.10, and payroll check numbers 19955-19962 & EFT for $32, 413.49, with additions. Motion passed unanimously. XII. ADJOURN Moved by Weir, seconded by Cavanaugh, to adjo, passed unanimously. Attest: Lit 4,0 Chad M. Adams, City Administrator -Clerk the meeting at 10:24 p. m. Motion uce D. Workman, Mayor Medina City Council Meeting Minutes September 5, 2006 311 ORDER CHECKS - SEPTEMBER 5, 2006 029806 A.T.& T $34.98 029807 ADAM'S PEST CONTROL $105.44 029808 AGGREGATE DIVISION $3,772.98 029809 ALLEGRA PRINT & IMAGING $2,012.52 029810 AMERICAN PLANNING ASSOCIATION $300.00 029811 ARMOR HOLDINGS FORENSICS, INC. $76.50 029812 BNSF RAILWAY CO. $1,700.00 029813 BONESTROO, ROSENE, ANDERLIK $115,774.96 029814 BUDGET PRINTING $601.73 029815 BUFFALO BITUMINOUS $11,890.07 029816 CHIEF SUPPLY CORPORATION $87.98 029817 CIPHER LABORATORIES $1,358.35 029818 CLASSIC CLEANING $571.85 029819 CORPRO COMPANIES, INC $790.00 029820 CR PLANNING $5,090.63 029821 DEEP ROCK WATER COMPANY $136.55 029822 DREIER, RAYMOND $1,592.62 029823 EGAN $472.26 029824 EHLERS & ASSOC. $4,025.00 029825 ELECTRON HERDERS $186.16 029826 EXXONMOBIL $535.51 029827 GRAINGER $398.52 029828 HAWKINS INC $284.33 029829 HENNEPIN CHIEFS ASSN $260.00 029830 HENNEPIN CO.TREAS.(JAIL SVC.) $1,065.00 029831 JENSEN COMMUNICATIONS $232.50 029832 KENNEDY &. GRAVEN $13,028.16 029833 KONICA MINOLTA BUS. SOLUTIONS $536.12 029834 LAKE BUSINESS SUPPLY $605.86 029835 LANDFORM $8,888.22 029836 LANGUAGE LINE $78.20 029837 LAW ENFORCEMENT LABOR SERVICES $222.00 029838 LAWSON PRODUCTS, INC $620.42 029839 MAINTENANCE ENGINEERING $514.52 029840 MEDIACOM $79.95 029841 MEDICA $212.00 029842 MEDICA CHOICE $17,633.88 029843 MEDINA POLICE DEPT.-PETTY CASH $87.51 029844 METRO WEST INSPECTION $13,387.95 029845 METROPOLITAN COUNCIL WASTEWTR $1,550.00 029846 MINNEAPOLIS DEPT.HEALTH&FAMILY $122.00 029847 MINNESOTA DEPT. OF HEALTH $1,575.00 029848 MOTHERS MOTORS/LORETTO TOWING $40.00 029849 MSANI $100.00 029850 NELSON ELECTRIC MOTOR REPAIR $328.69 029851 NEX I EL COMMUNICATIONS $865.41 029852 PLYMOUTH, CITY OF , $671.59 029853 QWEST $577.97 029854 QWEST $5.05 312 029855 029856 029857 029858 029859 029860 029861 029862 029863 029864 029865 029866 029867 029868 029869 029870 019955 019956 019957 019958 019959 019960 019961 019962 EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT ORDER CHECKS - SEPTEMBER 5, 2006 (CONT'D) RANDY'S SANITATION $203.52 REYNOLDS WELDING $32.68 SIGNS UNLIMITED $506.00 SONNYS AUTO $1,186.69 STAR WEST $379.24 STREICHER'S $283.41 SUNBURST LAWN & SNOW $1,810.50 TIME SAVER OFF SITE SEC. $593.59 U.S. POSTAL SERVICE $500.00 UNION SECURITY INS. CO. $352.34 VERIZON WIRELESS $26.91 WEST HENNEPIN AUTO $63.26 WESTSIDE EQUIPMENT $251.00 WRIGHT-HENNEPIN ELECTRIC $2217.27 XCEL ENERGY $1,224.51 ZEE MEDICAL SERVICE $250.01 $224,412.82 PAYROLL CHECKS - SEPTEMBER 5, 2006 WORKMAN, BRUCE $207.79 SMITH, CAROLYN A. $138.52 BRINKMAN, RANDY $138.52 SCHERER, STEVEN T $1,656.36 SKREEN, FRED $69.05 CONVERSE, KEITH A $1,557.47 VIEAU, CECILIA M. $1,022.29 CAVANAUGH, JOSEPH $138.52 ADAMS, CHAD M, $2,074.80 SCHERER, STEVEN T $1.00 MCGILL, CHRISTOPHER R. $1,475.44 HALL, DAVID M. $1,741.77 DRESSEL, ROBERT P. $1,365.99 BELLAND, EDGAR J $2,249.49 CONVERSE, KEITH A $1.00 VIEAU, CECILIA M $1.00 DINGMANN, IVAN W $1,310.68 SULANDER, LAURA L. $1,215.96 BOECKER, KEVIN D $1,758.96 WEIR, ELIZABETH V. $138.52 GREGORY, THOMAS $1,928.92 LORSUNG, ROSE A $1,288.76 NELSON, JASON P,013.90 KLISZCZ, DAVID A. $533.14 VINCK, JOHN J. $1,181.00 FINKE, DUSTIN D. $1,132.21 MAROHNIC, NICHOLAS $453.88 DAY, JEANNE M. $1,872.10 PAUMEN, JOSEPH D $1,771.77 WUNSCH, JODI M. $904.07 $32,413.49