HomeMy Public PortalAbout09/07/04 CCM241
MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 7, 2004
The City Council of Medina, Minnesota met in regular session on September 7, 2004 at
7:30 p.m. in the City Hall Chambers. Mayor Zietlow presided.
I. ROLL CALL
Members present: Workman (Arrived at 7:32 p.m.), Lane, Brinkman, Zietlow and
Smith (arrived at 7:31 p.m.).
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, 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
Zietlow noted that Consent Agenda Items B and D would be removed from the Agenda.
Consent Agenda Item B to be discussed.
Moved by Brinkman, seconded by Lane, to approve the agenda as amended. Motion
passed unanimously.
Smith arrived at 7:31 p.m.
Workman arrived at 7:32 p.m.
IV. APPROVAL OF MINUTES
A. Approval of the August 17, 2004 Regular Council Meeting Minutes
It was noted on page 3, the second line of the ninth paragraph should state, "...one of
the nicest applications for development to the City has ever received that address
resident concerns".
Moved by Lane, seconded by Brinkman, to approve the August 17, 2004 Regular City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the August 24, 2004 Special City Council Meeting Minutes
Moved by Smith, seconded by Brinkman, to approve the August 24, 2004 Special City
Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Transfer of Liquor License for Stop `N Go Liquor at 4355
Highway 55
C. Resolution Approving a Premises Permit Renewal Application for the
Hamel Lions Club to Conduct Lawful Charitable Gambling
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Moved by Workman, seconded by Smith, to approve the Consent Agenda. Motion
passed unanimously.
B. Approve Pay Increase for Sergeant Jason Nelson
Belland stated that Medina does not have an official pay scale with step increases for
Sergeants Nelson's position. Adams stated that the Sergeant's position, as newly
created, was proposed for a pay increase after one year in the position.
Smith asked for clarification on the reason for the August first retroactive date. Adams
stated that August first was the one-year anniversary for Sergeant Nelson's position.
Adams stated that for non -union employees, Medina normally addresses pay increases
at the first of every year. For union positions, pay increases are a requirement on the
year anniversary of hire date.
Belland stated that Sergeant Nelson didn't have a six-month review, and based on past
procedures for existing employees, the City uses a one-year review period.
Moved by Workman, seconded by Smith, to approve a four percent pay increase
retroactive as of August 1, 2004 for Sergeant Jason Nelson. Motion passed
unanimously.
Smith expressed concern in the importance of keeping quality police officers in Medina.
Belland stated that Sergeant Nelson has done an excellent job; statistics indicate that
crimes have been solved based on having his position.
Lane stated that Sergeant Nelson filled in admirably while Belland was out due to
personal reasons and is well deserving of a pay increase.
Smith stated under normal operating policy for new hires, Sergeant Nelson's position
would be reviewed on January first, but this is an unusual circumstance, therefore the
City can make an exception.
VI. COMMENTS
A. Comments from Citizens on Items Not on the Agenda
B. Park Commission
Doty stated that the Park Commission has nothing on its schedule.
C. Planning Commission
Doty stated that the Planning Commission has two items on the agenda. The first
agenda item would address a conditional use permit and variance request for a
chemical storage building at the Baker Park Golf Course. The second agenda item is a
request from Walter G. Anderson for a building addition along State Highway 55.
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Doty stated that the Baker Park Golf Course has done a lot of research pertaining to the
proper building structure for the containment of spills.
Zietlow announced that Ryan Companies has scheduled a meeting at the Medina
Entertainment Center on Thursday, September 9, 2004 and have invited the neighbors
and City to attend.
Lane asked if there were any uniformity and conformity architectural standards for the
chemical containment park building. Doty stated yes, in the design standards section of
the City's ordinances there are business park standards. Doty informed Council that the
standards state that no metal buildings are allowed within the City, hence the reason for
the variance request.
Doty stated that the application is for the placement of a metal chemical containment
building in an area that is out of view from surrounding properties. Smith stated that as
an option, a wood frame building could be built around a prefab metal storage building.
VII. OLD BUSINESS
A. Gramercy Club of Elm Creek — Revised Grading Plan
Adams stated Staff has not received the requested revised set of grading and
landscaping plans from Gramercy and is seeking formal approved by Council.
Brinkman stated that Gramercy was not able to get a grading plan in time for tonight's
meeting as Lou Stocco was out of town. He clarified Gramercy has what they need to
make revisions and will come forth with an attractive revised grading plan.
Zietlow stated that based on his own observations, the west slope has risen so that
block can no longer be seen. The block on south side of the building is still exposed.
Lane summarized past actions of Gramercy, stating he was concerned that Gramercy
has been given free reign again. Lane stated that City, in fairness to its citizens, should
know what Gramercy is proposing before they physically start making changes.
Zietlow clarified Gramercy is not finished with project. Smith stated Gramercy has
already placed topsoil and terrain does not appear as if it is going to be tiered back.
Workman stated he was concerned Gramercy will first perform work and then provide
grading plan.
Smith stated she is concerned that City does not have a grading plan for the City
engineer to review. She stated that City would need to have possession of a formal
grading plan in order to ensure that what Gramercy is proposing to do is correct.
Brinkman stated that he would like a landscape plan, not necessarily a grading plan.
Zietlow stated that either staff, or Brinkman, would need to present Gramercy with an
ultimatum. The ultimatum would affirm that a plan needs to be brought forward by the
next City Council meeting or their work will be stopped. The ultimatum would provide a
clear message indicating that City is rigid in its demand.
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Brinkman stated he would follow up with Gramercy in the morning.
Zietlow stated that this agenda item would be tabled until the next City Council meeting.
Adams stated that he would inform Council of any changes in regard to Gramercy's
schedule for providing revised plans
VIII. NEW BUSINESS
A. Rezoning and Preliminary Plat for Keller Estates to Allow 21-Lot
Subdivision at 1255 Willow Drive — Dean Johnson Homes
Doty reviewed his memo, which addresses details of the rezoning request, as well as
the preliminary plat for a 21-lot subdivision at 1255 Willow Drive (south of Morningside
Road). The Planning Commission has reviewed the requests and is recommending
approval of the rezoning and preliminary plat with a number of conditions. Planning
Commission held a second public meeting on August 10, 2004. Park Commission also
reviewed the plans on August 18, 2004 per the request of Planning Commission. Park
Commission approved the 15-foot trail easement along Willow Drive.
Doty provided the site map via overhead, reviewed the preliminary plat request and
covered the main components.
Doty stated that staff is concerned with the proposed plan to construct a three-foot
retaining wall around the storm water pond in the single-family development. However,
staff also recognizes that a design element such as this is somewhat subjective in
nature and that City Council should decide if the design is acceptable or not. As a
result, staff is sending this application forward without a recommendation. However,
staff is still providing recommended conditions of approval. Staff is seeking Council
direction to prepare the resolutions for preliminary approval.
Zietlow asked for clarification on the drainage location for the rain garden. Kellogg
stated that the drainage is planned for along the street.
Smith stated that she was unclear as to why the developer did not consider building a
larger wetland area rather than a separate, stand-alone treatment pond.
Workman stated he is concerned that developer is putting too many houses in an area
of wetlands. He stated that the development was too dense of an area and there are
too many uncertainties as to success of proposed solutions for proper water drainage.
Smith asked for the approximate size of the boulder walled pond. Zietlow stated the
pond is proposed to be about the size of a lot. Steve Bohl of Bohland Development
stated that the pond surface is about 15,000 square feet.
Kellogg pointed out each of the multiple catch basin locations via overhead. Workman
asked Kellogg, from an engineering standpoint, if the most ideal situation would be to
move all water to one site. Kellogg stated that when staff looked at house elevations
and grading, the design called for the first catch basin to be the most productive.
Kellogg explained staff's concerns for grading plan and existing wetlands and swale.
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Workman asked if reason behind creating a deep pond was to catch or keep most of the
water. Zietlow asked if pond should be twenty feet deep rather than eight feet. Kellogg
stated that pond shouldn't be any deeper than ten feet in order to control slope.
Bohl stated his firm has reviewed staff's recommendations for approval and are in
agreement with most of them. Bohl stated that concern for density is irrelevant as the
development consists of one -acre lots. The proposed lot sizes are large in comparison
to most other developments in the City. The depth of the pond is more dramatic that
what it really is. The standing water in pond will be landscaped and filled in with cattails.
The boulder walls will be to control heavy rains, which is a practical, not unusual,
situation.
Randy Hedlund, project engineer, clarified that rain garden does have a piped outlet so
that it does not flow out onto the road. The trenched out area, called a rain garden,
would be lower than, and would provide relief to, the wetland area.
Smith asked for clarification on whether the wall was under ground level. Staff
explained that the wall would be a three-foot drop-off, which would be graded up to the
top of the wall. If the pond was ever to fill, the pond will drain within twelve hours.
Smith stated she thought fence was fine in appearance; however she was concerned
about appearance of boulder wall. Hedlund stated that based on his calculations the
wall wasn't necessary. However, the City does feel wall is necessary. The NPDES
Phase II Storm Water regulations have new rules requiring that a half -inch of runoff is to
be treated per minimum requirements.
A City resident asked for definition of a rain garden. Hedlund stated there has been a
lot of discussion to have a drain outlet instead of piping it off directly. Poor soils don't
drain very well. In this development and type of situation, the rain garden will work well.
Doty stated that as a recommendation, a revised plan of a properly designed rain
garden is to be submitted.
Dennis Hedtke, of 2515 Morningside Road, stated he lives north of proposed rain
garden. He has recently installed a drain system as a solution for water drainage and
stated he personally felt rain garden would not be a sufficient resolution for water
drainage and storage issues.
Smith requested that Hedtke present Hedlund with photos of his backyard. Hedlund and
Zietlow both stated current proposed plan looks as if it will fix Hedtke's current water
problems if the City builds up a curb on Morningside Road to prevent street water from
flowing through neighborhood yards.
A City resident, of 2502 Morningside Road, stated he lives across from proposed rain
garden. He stated that reports confirm that Medina has type of mosquitoes in area that
carry West Nile virus. He stated he did not understand, and therefore would like
clarification on, why City would want a standing water pond which would endorse
mosquito hatching. The resident also inquired as to whom would be responsible for
maintaining rain garden.
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Zietlow stated that matter pertaining to maintenance of rain garden would be later
addressed. Smith clarified that rain garden is designed to not allow for standing water,
as it will be absorbed into soils. Kellogg stated most of the time the pond would be dry.
Bohl stated his firm has a solution for the maintenance of ponds. The solution would
entail legally defining the wetland areas, and legally placing a declaration in the plat
which would hold a couple of homeowners within the development responsible for
wetland. Batty asked Bohl how declaration would be enforced. Bohl stated that a
development in Plymouth has done this type of declaration platting, explaining that
ultimately the maintenance of wetland should be responsibility of homeowners
association. Batty stated he agrees that wetland should not be responsibility of only a
couple of homeowners. Batty again asked what type of mechanism would ensure that
wetland is maintained as City of Medina does not want a room of people complaining
that pond is not being taken care of.
Bohl stated that declaration would be written specifying that homeowners need to be
responsible for maintenance of pond; and if an assessment needs to be issued, then
City would be able to assess a fee for that. In turn, homeowners association would be
responsible for charging homeowners legally responsible for the pond. Bohl stated his
firm has successfully enlisted both formats of wetland maintenance: a declaration
holding only a few homeowners responsible, as well creating a homeowners association
of which entire development would be communally responsible.
Batty stated that he and staff have designed three options, all of which are outlined in
the staff memo, for storm water pond and rain garden maintenance.
Bohl stated that it sounded as if it would be a larger hassle for the City to adopt the
declaration route as opposed to creating a homeowners association. Bohl stated that
his firm would not have a problem with creating a homeowners association.
Further discussion and debate ensued on the methodology of properly setting up a
program for storm water pond and rain garden maintenance.
Kellogg stated that other cities require the homeowner's association to be responsible
for maintenance of the watershed areas.
Brinkman stated that he was concerned about water drainage issues and explained that
he felt it was important that the City confirms that the Morningside neighborhood does
not have any additional problems in the future.
Bohl stated it was his opinion that water drainage will be better. He stated he is relying
on advice of engineers who have found that catch basins will solve problems. Workman
asked Kellogg if it was his opinion that catch basins and rain garden were acceptable
solutions for development. Kellogg stated mechanics of pond are workable.
Smith stated that Washington County has rain gardens that are quite beautiful. Bohl
confirmed that areas of water are considered amenities.
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Debate ensued between Batty and Bohl in regard to interpretation and meaning of 1997
wetland mitigation agreement between City and landowner in regard to how the wetland
was to be handled (specifically second paragraph of the agreement).
Bohl explained that the water drainage issues will be a $20,000 - $30,000 fix and further
stated that he did not believe that it would put his firm over budget on project. Bohl
stated his firm is being responsible and are willing to accept water issues. His firm
envisions the proposed development as being a beautiful neighborhood, nicely
landscaped, nineteen new homes, with an improved water system, and a new
intersection at Willow Drive and County Road 6. Bohl stated that his firm has worked
well with City, agreed upon all conditions imposed by the Planning and Park
Commissions, and have provided a long term planning solution for City. He stated his
firm has presented a reasonable plan and pond has been engineered to work; therefore
if City requires his firm to give up another lot in order to facilitate the wetland concerns,
his firm would have to cancel the project due to profit loss.
Brinkman inquired as to average sale price of the homes in development. Bohl stated
houses are $700,000 to $900,000 with land selling for approximately $185,000.
Smith stated that City needs assurance that the water management system will work, or
will be fixed and paid for by people who live within the development.
Lane stated it was his opinion that Council does not have a solution and proposed that
item be tabled until better solution is achieved. Lane proposed City consider looking into
approving the filling of the two delineated wetlands. If there is to be a filling of both, City
would need a finite agreement regarding mitigation with details of location and cost.
Bohl stated that a third of an acre needs to be mitigated and needs to be offsite.
Lane stated a mechanism of managing, or assessing the cost of maintaining, the
wetlands needs to be defined clearly as to not be subject to future contest. Zietlow
stated that this is up to the City to put together.
Lane stated he would also like to see that Medina's final constructed water management
plan is acceptable by Orono as it was his understanding that sewer and water will be
extended from Orono. Batty stated approval by Orono was not required.
Lane stated that there are costs for payment for securement via a lien on a property.
Batty stated that he was unclear as to Lane's concern.
Bohl stated they will have a letter of credit for $200,000 with Orono. Dean Johnson,
applicant from Dean Johnson Homes, stated sewer utilities are in place, but not water.
Batty stated Orono cannot assess fees in Medina, just as Medina cannot assess fees in
Orono. He stated Orono is going to have to be satisfied that they are going to be paid
by developer.
Zietlow stated tonight's meeting was to review the preliminary plat of the development
and in his opinion each of the conditions have addressed each of the Council Members
concerns.
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Workman stated he would like to see the wetland mitigated onsite.
Bohl stated that it was his opinion that the City has agreed to pay the costs and to
mitigate. He stated that his firm would agree to providing aid in the mitigation process.
Lynnette Budeslich, 2465 Morningside Road, stated her property is adjacent to property
2. She stated she purchased her property for purpose of being able to work in her
backyard, which she realizes she won't be able to do now. She requested that City
consider enforcing a noise ordinance in reference to time and dates of construction.
Bohl stated his firm is mitigating a pond from 1997 that was already dug out via the
advice from the Watershed District. Bohl stated that the City of Medina created the
pond which has always been a wetland.
Zietlow proposed that Council add a condition number 17, as well as set up a Chapter
444 storm water improvement tax district as an option, which would hold the
homeowners association responsible for the rain garden maintenance.
Batty stated that Chapter 444 is a process that the City would need to set up, which
would need to be presented through a public hearing.
Lane stated that he was concerned that 444 district would bypass need for a
homeowners association. Batty stated that City would want a hand in making sure that
the homeowners association does not work their way out of the agreement. Lane
stated he was not comfortable with using general terms and definitions in agreement.
Lane asked if City could establish a larger district. Batty stated that Medina can
establish a district that would encompass the entire City. The idea is to levy a special
tax in the area of the special district; so that if the homeowners association does not
work, the City can tax the special district of twenty-one homeowners, not the entire city.
Batty clarified that the City can create the district to be as large or as small as needed.
Lane stated that he is skeptical of the solutions addressing the drainage issues. Zietlow
stated that he thinks that the City has the responsibility to solve this.
Moved by Smith, seconded by Brinkman, to authorize staff to prepare the resolution for
rezoning from rural residential to suburban residential. Motion Passed Unanimously.
Doty stated that condition number two states that as part of the Final Plat application,
the applicant shall submit proof that the wetlands in question have been mitigated, or
credits have been purchased in compliance with the wetland conservation act.
Bohl stated that he would like the submittal to be a part of his final plat approval. Doty
clarified that the intent of the condition was to be as part of the submission of the final
plat approval. Bohl stated that with concern to timing, he would like condition to read "of
final plat approval", not submission. He stated that the results would be the same.
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Zietlow and Brinkman stated that are okay with that. Brinkman clarified that if Bohl
could get the application in, then his firm would have another two weeks in which to
work with the watershed district.
Moved by Smith, seconded by Brinkman, to authorize staff to prepare the preliminary
plat for 21 plats for construction of 20 family homes with the understanding that the 18
conditions, 16 provided by Planning Commission, and the two additional provided by
staff and Park Commission will be met prior to the submittal of the final plat.
Smith stated that she would like the agenda item to remain at Planning Commission
level for recommended approval.
Adams explained the process of application, submittals and approval.
Doug Sorenson, 2645 Morningside Road, requested City keep all construction traffic
within the development and its roads. Brinkman stated as part of condition number 8,
construction traffic will be directed to use road access off Willow Drive to property.
Kellogg stated that there is an ability to isolate the water systems. Zietlow stated that
Medina is trying to cooperate with its neighboring cities. Kellogg stated that in terms of
fire flow; it will improve the neighborhood.
Smith stated that Dillman isn't present to discuss the matter due to family issues.
Motion carries 3 to 2 (Lane and Workman).
Lane stated he is opposed to filling wetlands, opposed to the lack of commitment from
the developer, and skeptical of proposed drainage and storm water treatment.
Workman stated it was his opinion that trying to make a buildable site on a wetland is
not right.
Moved by Lane, seconded by Workman, to request that Council reconsider the vote.
Smith requested additional discussion. She stated that she is pleased that Council
members are concerned with the subject wetland areas. She further stated that she
expects to see fencing around the wetlands to protect the area.
Brinkman stated he agrees with protecting wetlands, however he has had the benefit of
looking at the documents which demonstrate where City took soil and created the
wetlands. The two wetlands developer proposes to fill are areas the City mitigated.
Workman stated he would like to urge Council to wait for best solution. He stated it was
his opinion that City does not need an additional twenty homes. Smith stated she
agrees with Workman, however the City requires easements on roads that are quite
large and some of these lots are quite large.
Brinkman stated he understands Workman's concerns. He further stated that City is
trying to make development and water drainage concerns work. Workman asked
Kellogg for his professional opinion of the most ideal, and workable solution for the
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ponds and pipes. Kellogg was unable to answer as he stated that he was not involved
in the planning of the area to the west. He stated that Dillman had informed him that it
was always the intention to have a pond on the west end of the development.
Zietlow called for the vote to reconsider the motion.
Motion passes 3 — 2 (Smith and Zietlow).
Moved by Lane, seconded by Workman, to table the application for preliminary plat for
thirty days for further discussion.
Batty informed Council that issue would need to be brought back to the October 5, 2004
City Council meeting and would have to be voted that night, unless an extension is
granted.
Zietlow clarified this motion is to table this agenda item until the City Council meeting on
October 5, 2004.
Motion passes 3 — 2 (Smith and Zietlow).
Smith stated that she would like staff to prepare a list of the wetlands that have been
allowed to be filled. Smith stated that the purpose of the list would be to demonstrate
that filling wetlands is not a new thing. She also asked staff to review the need for a
road easement to the west.
Batty questioned if re -zoning of the property should be reconsidered. Workman stated
that he was not opposed to the rezoning, only opposed to the developer's plan.
Zietlow stated that developer now has direction for how to proceed.
B. Variance Request for Side Yard Setback, Front Yard Setback, and
Construction of Single-Familv Home at 4629 Brook Street
Doty reviewed his memo which detailed the specifics of four variance requests, located
in the Independence Beach area. Notice of a public meeting at the Planning
Commission was mailed to all property owners within 350 feet. The Planning
Commission recommended the applicants revise their plans and come back with a
request that would not increase the non -conformity of the existing structure on the
property. On August 10, 2004 the Planning Commission reviewed a revised application
that incorporated the Planning Commission's comments given at the July 13, 2004
meeting. The Planning Commission voted unanimously to recommend approval of the
four variances with the hardships outlined by staff.
Doty presented the certificate of survey, sitemap and newly revised plans via overhead.
Staff finds that the applicant does meet the six variance standards and therefore
recommends approval of the variances for Joe and Lark Ahlstrom.
Moved by Workman, seconded by Brinkman, to authorize staff to prepare the resolution
for approval of the Variance Request for Side Yard Setback, Front Yard Setback, and
Construction of Single -Family Home at 4629 Brook Street per the recommendation of
the Planning Commission with noted hardships. Motion passed unanimously.
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C. Conditional Use Permit to Allow Shower Building Expansion at Baker Park
Campground
Doty reviewed his memo which outlines the request for expansion of a shower building
in Baker Park by 1,294 square feet from an existing 1,332 square feet. The Planning
Commission recommends approval of the request. Staff is seeking direction to prepare
the resolution of the CUP for final approval.
Staff recommends approval of the Conditional Use Permit for a shower building
expansion at the Baker Park Campground, subject to the following condition: Prior to
issuance of a building permit, the applicant shall submit a lighting plan to be reviewed
for compliance with the Zoning Ordinance Requirements.
Doty presented the location of the park and proposed shower building via a site survey
and site improvement plan. Doty presented the elevation plan via overhead and stated
that the applicant would address Lane's concern for the elevation.
Jason Zemke, Three Rivers Park District, stated that proposed building materials
include fiber cement siding as the horizontal siding as well as burnished block as the
decorative block. The burnished block is considered to be more attractive than standard
painted block. The material cost of burnished block is twice the cost of fiber cement
siding. He stated it was the opinion of his firm that burnished block would give the
building a more attractive look. Zemke explained the block would need to be sealed, not
painted.
Doty stated staff feels the proposed building materials would meet code requirements.
Moved by Workman, seconded by Brinkman, to authorize staff to prepare the resolution
for a Conditional Use Permit to Allow Shower Building Expansion at Baker Park
Campground.
Smith asked if any additional campsites have been added. Zemke stated no.
Workman asked if the water would be treated in City sewer and if there would be an
additional SAC charge. Zietlow stated there would not be a SAC charge.
Zemke stated that there is a meter on the well and his engineer was informed that his
firm would not be charged for SAC.
Workman asked for clarification on whether there would be a mechanism to monitor and
assess use charges. Doty stated yes.
Zemke informed Council that the new fixtures would employ less water.
Motion passed unanimously.
D. Play Structure at Independence Beach/Lakeshore Park
Adams stated the Park Commission and staff are recommending approval of a play
structure at Independence Beach. Adams stated that he has received and reviewed the
two quotes that were submitted. The City had budgeted $35,000 for the play structure,
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to be paid through the Park Fund. Residents within a 200-foot radius of the play
structure have also been noticed of the approval.
Doty presented the original proposed project layout demonstrating its safety issues.
Doty stated that a couple of meetings were held onsite as well as an equipment layout.
A re -design was constructed to address the grade and bituminous issues, remove the
need for a retaining wall and illustrate the layout so that it does not affect the neighbor.
Doty then demonstrated a color rendering of the structure designed by the consultant
done mainly in green and tan colors.
Workman asked what it would cost. Doty stated that lowest bid was $25,029 by Earl F.
Andersen, Co., which keeps the project well under budget. The drainage issues and
storm water improvements will be designed to tie in with the sewer line by the boat
ramp; all of which will still bring the project in under budget.
Moved by Workman, seconded by Brinkman, to approve the play structure at
Independence Beach/Lakeshore Park per staffs recommendations.
A City resident asked for the status of the boat landing. Doty stated that Dillman is still
looking to work on it.
Motion passed unanimously.
A resident inquired as to status of beach clean up and removal of brush. Zietlow stated
that City needs to be concerned with erosion if too much brush is removed from the
beach area. Zietlow stated that City is first trying to take the buckthorn out.
E. 2005 Budget
Adams provided a brief presentation of the proposed 2005 budget for the public's review
before seeking approval of the resolutions. As Council discussed on August 24, 2004
staff removed the Fire Capital Equipment entirely from the General Fund and placed
under the Equipment Fund. Staff will also reallocate the antenna rent to pay for the Fire
Equipment.
Zietlow clarified that the levy numbers in the 2005 Budget are the absolute maximum
that the City may request.
1. Resolution Approving Proposed Tax Levy for 2005
Adams reviewed the resolution that sets the proposed tax levy at $1,669,760, which is a
13.10% increase from the 2004 tax levy. Adams reminded Council that the City
generally cannot increase the tax levy upon final approval, but can reduce it. Staff is
seeking approval of the resolution.
Moved by Workman, seconded by Lane, to approve Resolution No. 04-46 Authorizing
staff to certify proposed levy for taxes payable 2005. Motion passed unanimously.
2. Resolution Approving Proposed General Fund Budget for 2005
Adams reviewed the resolution that sets the General Fund Revenues and
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Expenditures at $2,761,110. Adams stated that the City is not locked into this amount
and has discretion to change it during final approval in December. Staff is seeking
approval of the resolution.
Moved by Workman, seconded by Lane, to approve Resolution No. 04-47 Approving
General Fund Budget for 2005. Motion passed unanimously.
3. Truth In Taxation Public Hearing Dates
Adams reviewed a schedule of the County's selected dates and recommended dates for
Cities. Staff recommends setting TNT public hearing date for December 6, 2004 at 6:30
p.m. at City Hall and subsequent date (if necessary) for December 13, 2004 at 6:30 p.m.
Moved by Workman, seconded by Lane, to approve the date of December 6, 2004 for
the Truth in Taxation Public Hearing meeting and December 13, 2004 as a subsequent
date if necessary. Motion passed unanimously
IX. ADMINISTRATION
A. City Administrator Report
1. Hamel Community Building — Operating Policies and Rates
Adams stated he has met with a few Park Commissioners to begin drafting a set of
policies and rates for the facility and thought it was appropriate to bring a draft before
the Council. Staff is not currently seeking approval of the rates and policies but
encourages discussion. Adams presented the proposed draft fee schedule via the
"Draft Usage Policies and Rates for Hamel Community Building" on overhead as well as
addressed a few other usage policies for the facility. Adams also reviewed the fee
schedules for Corcoran and Independence community rooms as a reference.
Workman proposed that the hours be extended until midnight on Fridays and Saturdays.
Zietlow agreed.
Adams requested more discussion on definition of "any civic organizations."
Workman stated that rates for civic organization appeared to be "too good of a deal".
Adams stated that the charges were modeled from that of other cities.
Workman asked if alcohol would be allowed in the building, and what the related fees
would involve. He further expressed that there should be regulations and a discussion
of how to enforce the regulations. Adams stated that the alcohol policy would be
something that staff would need to research. Adams expressed the possibility of
performing background checks of applicants, the need for a liquor license, and
enforcing a "no glass" policy.
Adams stated that staff would need to check with the City's insurance agent to see how
allowing alcohol on City premises would affect the City's liability.
Belland informed Council that alcohol (in cans) is allowed in the City parks.
Workman inquired as to need for security. He proposed that the caterer be responsible
for acquiring the liquor license, checking identifications, and posting security.
Medina City Council Meeting Minutes
September 7, 2004
254
Smith asked for clarification on the definition and terms of an "all day" fee. Adams
stated that anything over five hours is considered "all day".
Workman stated that Council should clarify whether as part of the fees the applicant
would be free to have full use of kitchen, tables and chairs.
Adams stated that a discussion should also include whether the usage of the warming
house would also be a part of the usage fee.
2. Interim Planning Consultant Services
Adams stated that he has looked into and considered six options for interim consulting
services. Adams has met with the final two options.
Adams provided the scope of services from LandForm, who works with the cities of
Corcoran and Hugo. He explained that LandForm's Sarah Shields would be personally
available for Medina and planned to begin her work in a week. Adams stated that staff
is proposing the removal of number 8, code enforcement, from the Scope of Services
and have Loren Kohnen take care of the item.
Adams stated that Sarah's services are quoted to be sixty-five dollars an hour. Adams
clarified that the flat rate for attending meetings, instead of an hourly rate, is pretty
typical of consultant fees in this field.
Brinkman asked if the consultants would work passively or aggressively with the City.
Workman informed Council that Schield would only be available for one day a week and
that the City would have to call and make appointments to meet with. He also stated
that having an Interim Planner is a good short-term solution.
Moved by Smith, seconded by Lane, to approve obtaining and hiring the services of
LandForm. Motion passed unanimously.
Moved by Smith, seconded by Workman, to appoint and hire the services of Loren
Kohnen as Zoning Administrator. Motion passed unanimously.
Lane stated Corcoran has proposed contracting enforcement services to Loretto. Lane
asked Belland if contractor would only perform code enforcement. Belland stated yes.
Adams stated that he hopes for a new City Planner before the first of the year.
B. Police Department Report
1. Update on September 18, 2004 Training Exercise in Loretto
Chief Belland provided a brief update on the training exercise scheduled in Loretto on
September 18, 2004. The training was based on how to use a 800 MHZ radio to its full
capability. The training began as a hands-on tabletop discussion. The radios come with
240 stations in order to allow his station to talk to anyone: helicopters, emergency units,
and other stations in the Twin Cities.
Belland stated that tabletop discussion included a discussion of what could happen if
something detrimental was to occur. The training will continue with a full-scale exercise,
Medina City Council Meeting Minutes
September 7, 2004
255
which would include a shooter, a fire component, three fire departments, and
ambulances. The entire Lake Minnetonka area will be involved in the exercise. Belland
stated that sixteen different stations will be involved in the exercise and have already
started informing businesses and homeowners in the area of the drill.
Belland stated that the funds to perform the training are through Federal Homeland
Security Grant funds coordinated with Hennepin County.
Other Information:
• City Planner Search — Adams stated he has received five applications to date and is
sending letters to finalists from last search, notifying them of the vacancy. Doty's last
day of work at Medina will be after September 15, 2004 Planning Commission meeting.
X. APPROVAL TO PAY THE BILLS
Moved by Workman, seconded by Brinkman, to approve the bills, order check numbers
26920-26984 for $297,003.59 and payroll check numbers 18825-18843 for $24,498.90.
Zietlow asked if staff has seen any bills come forth from Bonestroo on construction
management services for community building. Adams stated no.
Motion passed unanimously.
Xl. CLOSED SESSION
A. Discussion of Condemnation of Property for Water Treatment Plant
Facility. Council entered closed session at 11:16 p.m. and re-entered open
session at 11:37 p.m.
XII. ADJOURN
Moved by Workman, seconded by Smi , to adj rn the meeting at 11:37 p.m. Motion
passed unanimously. i �/ -- a 1
1/
Philifb K. Zie low,ayor
Attest:
Chad M. Adams, City Administrator
Medina City Council Meeting Minutes
September 7, 2004
256
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Medina City Council Meeting Minutes
September 7, 2004
257
ORDER CHECKS - SEPTEMBER 7, 2004
026920 A.T.& T $76.33
026921 ANCHOR SCIENTIFIC $51.00
026922 ANDERSEN, EARL F $301.95
026923 BONESTROO, ROSENE, ANDERLIK $45,110.05
026924 BRYAN ROCK PRODUCTS $793.79
026925 BUDGET PRINTING $233.16
026926 BUFFALO BITUMINOUS $6,142.35
026927 CAMP ENTERPRISES, INC. $25.00
026928 CENTERPOINT ENERGY $32.82
026929 CENTRAL MINNESOTA GARAGE DOOR $45.79
026930 CIPHER LABORATORIES $887.45
026931 CLASSIC CLEANING $399.38
026932 COOPERATIVE PURCHASING VENTURE $500.00
026933 CRETEX CONCRETE PROD.NO.INC $402.68
026934 DILLMAN, JAMES $75.00
026935 DINGMANN, IVAN $75.00
026936 DRESSEL, ROBERT $75.00
026937 ERICKSON, ROLF ENT., INC $4,868.06
026938 EULL'S MANUFACTURING CO. $344.61
026939 EXXONMOBIL $39.70
026940 FrIZCO, INC $93.21
026941 FORTIS BENEFrI'S $322.46
026942 HAMEL FIRE DEPT $22,407.00
026943 HAWKINS INC $4,079.27
026944 HENNEPIN CO.TREAS.(JAIL SVC.) $222.00
026945 KENNEDY & GRAVEN $10,733.37
026946 LAKE BUSINESS SUPPLY $36.36
026947 LAW ENFORCEMENT LABOR SERVICES $222.00
026948 LORETTO FIRE DEPT $16,479.50
026949 MEDICA CHOICE $12,382.89
026950 METRO WEST INSPECTION $12,657.45
026951 METROCALL $21.07
026952 METROPOLITAN COUNCIL WASTEWTR $5,346.00
026953 MINNESOTA CONWAY $391.11
026954 MINNESOTA DEPT. OF HEALTH $653.00
026955 MN DEPT. OF ADM $65.00
026956 MOTHERS MOTORS/LORETTO TOWING $10.00
026957 MSANI $35.00
026958 MUNICIPALS $102.00
026959 NATIONAL WATERWORKS $3,918.83
026960 NEXTEL COMMUNICATIONS $662.55
026961 PRESS &.NEWS PUBLICATIONS $500.87
026962 PRISM, JON $845.48
026963 PRUDENTIAL INSURANCE CO. OF AM $230.10
026964 QWEST $454.39
026965 RANDY'S SANITATION $156.96
026966 SCHERER, STEVEN $75.00
026967 SCHOENING EXC. $540.00
026968 SCHWAAB, INC $143.35
258
026969
026970
026971
026972
026973
026974
026975
026976
026977
026978
026979
026980
026981
026982
026983
026984
ORDER CHECKS - SEPTEMBER 7, 2004 (CONT'D)
SEWERMAN, INC $375.00
SKREEN, FRED $125.00
SUPERIOR WIRELESS $37.27
TALLEN & BAERTSCHI $2,591.09
TIME SAVER OFF SITE SEC. $377.08
TRI STATE PUMP $3,317.77
TRI-K SERVICES $468.60
U.S. BANK $132,730.00
U.S. POSTAL SERVICE $500.00
UNITED RENTALS $125.68
UNIVERSITY OF MINNESOTA $65.00
VALVOLINE FLEET SERVICES $117.10
VERIZON WIRELESS $42.70
WRIGHT-HENNEPIN ELECTRIC $1,786.99
XCEL ENERGY $36.66
XEROX CORPORATION $42.31
$297,003.59
PAYROLL CHECKS - AUGUSUT 23, 2004
018825 CHAFFINS, GARY S $793.39
018826 ADAMS, CHAD M. $1,786.96
018827 SCHERER, STEVEN T $1,175.61
018828 MCGILL, CHRISTOPHER R. $1,574.37
018829 HALL, DAVID M. $1,150.14
018830 DILLMAN, JAMES D $1,790.18
018831 DRESSEL, ROBERT P. $1,075.23
018832 BELLAND, EDGAR J $2,189.87
018833 CONVERSE, KEITH A $1,221.70
018834 VIEAU, CECILIA M $1,016.29
018835 DINGMANN, IVAN W $1,102.26
018836 SULANDER, LAURA L. $1,155.21
018837 LARSON, SANDRA L $945.47
018838 BOECKER, KEVIN D $1,291.16
018839 DOTY, JOSHUA F. $1,526.69
018840 GREGORY, THOMAS $1,315.14
018841 GRASSMAN, MICHELLE L $387.04
018842 NELSON, JASON $1,579.67
018843 THUL, JEFFREY P. $1,422.52
$24,498.90
259
PAYROLL CHECKS - SEPTEMBER 7, 2004
018844 WORKMAN, BRUCE $138.52
018845 SMITH, CAROLYN A. $138.52
018846 BRINKMAN, RANDY $138.52
018847 ZIETLOW, PHILIP K. $207.79
018848 CHAFFINS, GARY S $793.39
0.18849 ADAMS, CHAD M. $1,786.96
018850 SCHERER, STEVEN T $1,218.75
018851 MCGILL, CHRISTOPHER R. $1,695.70
018852 HALL, DAVID M. $1,297.43
018853 DILLMAN, JAMES D $1,790.18
018854 DRESSEL, ROBERT P. $1,075.23
018855 BELLAND, EDGAR J $2,189.87
018856 CONVERSE, KEITH A $1,193.65
018857 VIEAU, CECILIA M. $1,048.27
018858 DINGMANN, IVAN W $1,102.26
018859 SULANDER, LAURA L. $1,155.21
018860 LARSON, SANDRA L $945.47
018861 BOECKER, KEVIN D $1,435.76
018862 DOTY, JOSHUA F. $1,526.69
018863 GREGORY, THOMAS $1,627.85
018864 GRASSMAN, MICHELLE L $349.44
018865 LANE, JAMES S. $138.52
018866 NELSON, JASON $2,177.41
018867 THUL, JEFFREY P. $1,300.81
$26,472.20
260
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