Loading...
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 Medina City Council Meeting Minutes September 7, 2004 242 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. Medina City Council Meeting Minutes September 7, 2004 243 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. Medina City Council Meeting Minutes September 7, 2004 244 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. Medina City Council Meeting Minutes September 7, 2004 245 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. Medina City Council Meeting Minutes September 7, 2004 246 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. Medina City Council Meeting Minutes September 7, 2004 247 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. Medina City Council Meeting Minutes September 7, 2004 248 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. Medina City Council Meeting Minutes September 7, 2004 249 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 Medina City Council Meeting Minutes September 7, 2004 250 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. Medina City Council Meeting Minutes September 7, 2004 251 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, Medina City Council Meeting Minutes September 7, 2004 252 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 Medina City Council Meeting Minutes September 7, 2004 253 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 (THIS PAGE LEFT BLANK INTENTIONALLY) 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 (THIS PAGE LEFT BLANK INTENTIONALLYO 1