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HomeMy Public PortalAbout11/08/06 CCM383 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 8, 2006 The City Council of Medina, Minnesota met in regular session on November 8, 2006 at 7:00 p.m. in the City Hall Chambers. Mayor Workman presided. I. ROLL CALL Members present: Brinkman, Cavanaugh, Smith, and Workman. Members absent: Weir Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed Belland, Finance Director Jeanne Day, City Planner Rose Lorsung, City Administrator Chad Adams and Recording Secretary Carla Wirth. I1. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Adams requested the addition of Item VIII, G, County Road 19 Trail Resolution. Moved by Cavanaugh, seconded by Brinkman, to approve the agenda as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the October 17, 2006 Special City Council Meeting Minutes Moved by Smith, seconded by Cavanaugh, to approve the October 17, 2006 special City Council meeting minutes as presented. Motion passed unanimously. B. Approval of the October 17, 2006 Regular City Council Meeting Minutes Moved by Cavanaugh, seconded by Smith, to approve the October 17, 2006 regular City Council meeting minutes as presented. Motion passed unanimously. C. Approval of the October 24, 2006 Joint Session Meeting Minutes Moved by Cavanaugh, seconded by Brinkman, to approve the October 24, 2006 joint session meeting minutes as presented. Motion passed with Smith abstaining. V. CONSENT AGENDA A. Approve Aq-Lime Purchase for Hamel Legion Park Batting Cage B. Approve Final Contract Construction Cost for Trunk Highway 55 Widening to Four Lanes C. Resolution Granting Final Plat for NNL Medina Properties, LLC for High Pointe Ridge Medina City Council Meeting Minutes November 8, 2006 384 D. Accept Donation from Elaine and Rayburn Roy and Designate Toward Child Identification Machine E. Resolution Certifying Delinquent Water. Sewer and Recycling Charges to the Hennepin County Auditor for Collection in 2007 F. Approve Disposal and Sale of Police Department Shotguns to Three Rivers Park District Moved by Smith, seconded by Cavanaugh, to approve the consent agenda. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Adams reported the Park Commission held a busy meeting with discussion on trails from the two developments, need for a general trail policy, and the need to be more proactive in looking at acquisition. The Park Commission will be making a recommendation on trail acquisition to the Council. They also received a petition for a County Road 16 speed study and bike trail request that will be reviewed by the Park Commission next week. C. Planning Commission Lorsung stated the next Planning Commission meeting is next Tuesday when they will consider four agenda items including the cemetery item that was tabled at the October meeting. The agenda items include the Ferrellgas redevelopment project by United Properties, concept plan, rezoning, and redevelopment of the site. The Planning Commission will also consider two residential sites, one on Homestead and one on Hamel Road. Smith asked why a concept plan is being held for the Ferrellgas site if that is not required. Lorsung explained if a site in the Hamel zoning needs a lot of consideration, there is an option for the concept plan process to get feedback from the Planning Commission and Council. The formal application would eventually be for site plan, plat, and a conditional use permit as well. Smith asked whether any of the applications require a Comp Plan change. Lorsung indicated none of the requests before the Planning Commission require a Comp Plan amendment. Vll. NEW BUSINESS A. Canvass of Municipal Election Results Adams presented the canvass results of the municipal election, write in for Mayor, and Council. Adams recommended a motion to accept the results. Medina City Council Meeting Minutes November 8, 2006 385 Moved by Cavanaugh, seconded by Brinkman, to accept the canvass of the municipal election, as presented. Motion passed unanimously. Adams advised that staff will send a thank you note to election volunteers and he commended all volunteers and coordinators for their commitment and great work. He stated election coordinating staff will send out a survey to election judges to inquire what can be done to improve the election process. Staff will provide a recommendation for future Council consideration. Cavanaugh inquired regarding the percentage of voter turnout of registered and possible voters. Adams advised that for actual voters versus registered voters, there was a 76% turnout. B. Willow Drive Truck Traffic Petition Adams stated a petition was received to prohibit truck traffic on Willow Drive and the petition was determined to be qualified under City Code Section 415.09. Bonestroo was asked to provide a report to respond to the items in the petition. Adams used an overhead map to identify the area, sent a mailed notice, and advised that published hearing notice was also placed in the South Crow River News and posted on the City's website. The public hearing was opened at 7:09 p.m. Bert Gardner, 2495 Willow Drive, stated he fears the potential exists for Willow Drive to become a major thoroughfare. The City engineers point out that Willow Drive is designed as a collector street, but he does not know how that happened. Gardner noted the engineers also point out that when Medina qualifies for State Aid Funds, within a year at 5,000 population, Willow Drive would be expected to become a State Aid road. Part of the engineer's quote indicated the requirement for a north/south grid. Gardner stated this means State Aid funds would be used on Willow Drive. He stated he fears those funds will be used to strengthen and widen Willow Drive so it can handle more traffic. Gardner stated to prevent that from happening, residents will be vigilant to get rid of pass through truck traffic that bothers all. He stated he saw what happened to Hamel Road when given to the County and he expects it would be worse with the State. When State Aid funds are available, he would caution the City to proceed carefully and look at both positive and negative effects. Gardner stated that Willow Drive is not a State Aid road now, now is what we are dealing with, and the Council has the ability now to remove pass through trucks from Willow Drive, and he hopes they do so. Elizabeth Goodman, 2495 Willow Drive, addressed the Council and explained they are here to get help with a problem of too many trucks. She noted that except for the blissful time of spring road restrictions, it is an industrial neighborhood. Goodman stated that she knows everyone in Medina complains of traffic but asked the Council to keep in mind this is not just general traffic, but trucks and an extraordinary number of trucks. Regardless of traffic count studies and what agency counts as a truck, Willow Drive residents know what a truck is and how many are being faced on a daily basis. Medina City Council Meeting Minutes November 8, 2006 386 Goodman stated there is a large attendance tonight because there is a problem of trucks on Willow Drive and Willow Drive is more in need of help because it is unique, more vulnerable, and in need of protection more than other streets in Medina. She displayed a map to identify various streets in Medina and pointed out the alignment of Willow Drive, noting it goes from Hamel to Highway 12 and beyond that to the south, making it a tempting route. Willow Drive is also vulnerable because directly north of Willow Drive are DMJ (paving contractor/recycler) and GL Contracting Midwest Asphalt (asphalt recycler) that are non -conforming industrial uses operating in a B-2 business district. Goodman suggested trucks are on Willow Drive because they are generated by those two businesses or attracted by those two businesses. Also, Hennepin County has a facility but she does not see those trucks on Willow Drive or City streets. Goodman pointed out that truckers make money by how much they drive so they want a direct route. She explained the route trucks use to go south on Arrowwood, west on Hamel, and on to Willow Drive. She again stated Willow Drive is in a unique situation and needs more City help than other streets. Goodman reviewed Code Section 415.09, noting it sets out factors that the Council is to consider in response to the petition. One factor is if trucks are banned on Willow Drive, what is the effect on other streets in the City. She stated that DMJ and GL Contracting have been asked to use a route north to Highway 55, over to Highway 101, and south or if going westerly to go from Highway 55 to County Road 19. Goodman described other routes that could be used if trucks are banned on Willow Drive, noting they are circuitous so she doubts they would be used. However, if it becomes a problem, the City could ban trucks on those streets as well. Another factor to address is other alternatives than the ban. Goodman stated they want something that is legally binding. Goodman stated it was suggested by engineers to ask for volunteer cooperation but that has been the case for six years and this is the third time that residents have asked for help. The first time was during the summer of 2000 when residents expressed concern that paving Willow Drive would make truck traffic worse. DMJ and GL Contracting were asked to use Highway 55 and an ordinance was enacted at that time but as time went on, trucks started using Willow Drive. By 2003, there were definite roadway improvements to help DMJ and GL Contracting keep trucks off Willow Drive. Improvements were made to Highway 55 to widen and increase the number of lanes and two stoplights were installed, but as soon as the "heat" is off, it goes back to status quo. In 2004, an opportunity was lost when the DMJ business was being sold. The new owners approached the City and asked for comfort that they could continue to operate their business so they were given a interim use permit. The City requested the new owners of DMJ to keep their trucks off local streets but that did not occur. Goodman pointed out that a voluntary approach has been tried for six years but it does not work for logical reasons because they are like any business and do not want to use an inconvenient route for their customers. Goodman displayed a letter written in 2003 by DMJ to their customers about a new entrance for their pit and saying the City does not want Pioneer Trail or Willow Drive used unless the job site is in that area. She suggested that was an ineffective attempt to keep trucks off the City streets. Medina City Council Meeting Minutes November 8, 2006 387 Goodman stated residents are again asking for help and urged the Council to take action that is effective this time. She pointed out that these businesses are growing and making money because they are using the residential area as their business route and diminishing the resident's quality of life. Greg Van Buren, Van Buren Landscaping, Inc., stated Willow Drive is not in a neighborhood, it is a public street. He stated he has big trucks and occasionally uses that route between Highways 6 and 24. He stated he would not care to walk, ride a bike, or horse along Willow Drive but there are plenty of trails for that use. Van Buren suggested that City streets are constructed to withstand vehicle traffic including automobiles, trucks, delivery trucks, and motorcycles. Weight limits are put on in the spring to protect the streets and when the limits go off it can withstand the weight. Van Buren stated he feels if the Council passes this ordinance, it would be discriminating because it is naming only two businesses while allowing other trucks and use by Hennepin County, school buses, trash trucks, or larger trucks if work is going on at your specific house. Van Buren stated other streets can be used but everyone is living a life of convenience and want the most direct route. He stated he feels this is an unfair request and limiting where you can and cannot drive would be poor judgment. Tim Haislet, 1562 Homestead Trail, stated if you cut off Willow Drive the logical path would be Homestead, which is a County roadway. He advised there has already been a tremendous amount of County truck traffic on Homestead because rather than going down Highways 12 to 29, they cut through Homestead. He agreed the other routes are more inconvenient so Homestead would pick up the extra traffic, noting there is a blind intersection at Highway 6, Tamarack, and Hunter and the only safe intersection is at Willow Drive where there are stop signs. Nancy Olkon, 2362 Willow Drive, stated she agrees with the comments made by Ms. Goodman and Gardner. She stated the question of truck usage on Willow Drive goes beyond the issue of quality of life because there is a serious safety issue involved. She stated a lot of people want to use Willow Drive to walk along but it has become too dangerous and a hazard. She stated there may be other trails but horseback riders cannot use the trails unless they have a trailer and then sometimes there is no parking available for a trailer. Olkon advised that several years ago she was taking a horse out when a thunderstorm started so she turned around to go back home and all of a sudden a big DMJ truck came up behind her very fast and scared her horse so it threw her into the ditch. She stated the truck driver did stop to see if she was all right but it was a frightening experience. Olkon noted that agriculture vehicles move more slowly but the DMJ trucks travel at fast speeds. She stated she was not surprised by the results of the traffic study because she has seen a large increase in truck traffic volumes. She suggested the street was not designed for large truck traffic volumes and pointed out this is a neighborhood and they should be entitled to have the safe use of the road rather than a constant increase in the hazard. She urged the Council to seriously consider this petition and stated her fear there may be a serious accident on Willow Drive if something is not done. Kari Huhn, DMJ owner, corrected that they are not a new business, but a family -owned business and been there for 17 years. She stated she purchased it in 2003 and their Medina City Council Meeting Minutes November 8, 2006 388 trucks have not used Willow Drive since 2003 based on a gentleman's agreement with the City. Willow Drive is only used if the work deliveries are in that area, they are delivering dirt to residents, or hauling out manure for Skyrock Farms. She stated that during road restrictions, they don't work for half of November until mid -May which says DMJ trucks are not in the picture during that time. Huhn explained the route to Prairie Drive is more safe for them and they prefer that route. They were taxed a lot for the lights so they use that intersection. She stated they have done work in the City, for Orono Schools, and commercial jobs. She stated they have sent out a letter each year since 2003. It is on their credit application for the recycling facility and part of their employee rules. She stated she does not know where trucks are coming from that residents have mentioned but they are doing everything possible to work with the City, residents, and provide quality service to customers. Shannon Kiloran, DMJ part owner, 2394 Pioneer Trail, stated he has two small children who enjoy living in Medina and he has no fears about his kids on the streets and he is a lot closer than some of the residents. He stated the Police Department does a good job to police the speed and they do not allow their trucks on Willow Drive unless the job site is that way. If it was, he called Mr. Dillman to inform him of their schedule, such as when they worked at the Orono School. Kiloran stated it conserves fuel and helps the environment to use the shortest route so it is better for everyone to use the shortest route. He stated maybe the City needs to look at putting in a walking or horse path along that stretch. Adams entered into the record an e-mail received from Jack and Janet Schuett of 1205 Tamarack Drive. Kristin Evanson, 3072 Willow Drive, stated she has horses and agrees with Olkon and Goodman about the truck traffic. She stated this is not just from horse owner's perspective but also because she walks and has a young child. Evanson stated it is a dangerous experience to have her son bicycling on Willow Drive with the truck traffic. She stated it is all kinds of trucks including semi -trucks, large dump trucks, and side loader trucks. She stated it is very dangerous to take kids out for bicycle rides or for horses and something should be done about it. Ann Thies, 1922 Willow Drive, stated she is terrified to get out of her driveway by car because it is located on a curve and traffic speeds by too fast, especially from dual and tandem trucks. She reported there was an accident during the July 4 weekend at the end of her driveway. Also, the size of the trucks and volume is very hard on City streets and to keep them properly maintained. Thies thanked the Council for their thoughtful consideration. Rosanne Eppel, 1462 Willow Drive, stated some do not understand the number of vehicles. She explained she did a survey from her driveway for one hour in early September and counted all traffic. There were 22 gravel trucks, which is one truck every three minutes. Eppel noted that in Doug Dickerson's letter, it said that 35 gravel trucks had gone by his house, which is one every minute and one-half. Eppel noted if you are a driver, it may not seem like a lot of traffic but it is a lot. She stated she also counted all other trucks and found 22 gravel trucks and 5 other trucks so she thinks the Medina City Council Meeting Minutes November 8, 2006 389 problem on Willow Drive is the gravel trucks. Today the trucks she saw were long double trucks that were twice the size of a regular truck. Richard Haberman, 2782 Parkview Drive, stated he lives in the area that is the "rollercoaster portion of the road and their home is in the worst possible position. As you come from the south, past the golf course, they are half way down the hill. He stated he has the same fears, issues, and problems as residents of Willow Drive because of the rollercoaster design of their road. He stated that even at 45 mph a truck does not give someone leaving his driveway much time to react. He stated UPS trucks and FedEx trucks and oil delivery trucks back into his driveway in order to make deliveries and he fears every day and warns the driver to be careful so they do not get hit. He stated if all truck traffic is banned from Willow Drive, he fears it will come to Parkview Drive and exacerbate the problem. While he sympathizes with residents of Willow Drive, he would like Council to consider banning truck traffic from Parkview Drive if the same is done for Willow Drive, since their road is more dangerously designed. Kevin Hoglund, Transportation Engineer with Bonestroo & Associates, stated staff asked them to review the Westwood Study and provide information so the Council can make an informed decision. He noted the summary provided and pointed out the City has a current Comp Plan that includes a functional classification system that looked at the roadways. Within the Comp Plan, Willow Drive is looked at as a major collector that will carry more traffic and possibly truck traffic. The City is now reviewing the Comp Plan and can look at the overall functional classification system. The City also has to look at becoming a State Aid city and establish a network road system including major and minor collectors and a north/south and east/west grid through Medina. Hoglund advised if streets are restricted from a route, that street is not allowed to be on the State Aid system, which must allow all vehicles. In developing the State Aid system, if Willow Drive is not put on the system, other routes will have to be selected. Hoglund advised that 20% of the City's total road mileage is allowed on the State Aid system. He reviewed other factors that are included in the summary and stated the City can look at the curves and radius that may not meet State Aid requirements and can be improved with State Aid funding to make the curves less severe. In addition, State Aid funding can be used for trails. With regard to the noise issue, another study could be conducted and a speed study could be done to determine the current speed limit. Smith stated she has a hard time accepting the statement that the two axel single unit trucks should not be considered as a truck in consideration with the petitioner's request. She stated it is not the number of wheels, but what the truck is carrying. Hoglund stated if you restrict trucks, you need to consider UPS trucks, garbage trucks, and other trucks that deliver products to the residents. He stated Mn/DOT considers a certain percentage of trucks of this description. Smith stated residents are not here to complain about UPS trucks and trucks used to deliver products to the neighborhood are not the issue. Hoglund stated you need to consider the axel configuration. A dump truck with two axels in the back and one in the front would be considered as a higher classification. He explained that with the data provided, they were not able to pull out all the different types of trucks to determine how many were delivery trucks and how many were semitrucks. If the City wants to gain Medina City Council Meeting Minutes November 8, 2006 390 additional information to count specific types of trucks, that study could be conducted using a visual count. Smith stated it appears the engineers are discounting the residents truck count. She stated she does not think this is an appropriate use for Willow Drive, and perhaps that can be addressed when the Comp Plan is reviewed. She stated that while this is not as dense, it is still a neighborhood and such traffic volumes would not be allowed in other municipalities, such as Plymouth. Hoglund asked what type of additional help or information the Council would like so they can make an informed decision. He explained if the Council does not want Willow Drive classified as a major collector or on the State Aid system, then it could be taken off. Smith stated the current designation was placed ten years ago when traffic was not at this high level. She stated she was part of the previous Comp Plan discussion but she thinks this is a problem now and maybe staff should check with conditional uses to see if they are in compliance but it is not appropriate for industrial businesses to use residential roads. Cavanaugh asked if a certain percentage of Medina roads need to be designated as State Aid roads. Hoglund stated the City can chose to not designate a State Aid system and not use those funds. If Medina is designated as a State Aid city then that funding can be used on 20% of identified roadways. He explained Medina will be given a certain number of miles and Council can choose how many miles to designate for State Aid funding. Smith stated the discussion has occurred that State Aid is a "given" but, up to this point, Medina has been paving and caring for its own roads. Workman noted that the County has also provided funding for road improvements. He stated this also involves a planning issue and noted that in 1999 the City talked about creating a north/south corridor to be paid by Hennepin County but there was a special election and residents decided not to allow the creation of that route. Now, today, there is an issue of trucks on a north/south route. He noted there are no complaints of truck traffic on County Road 24 or Highway 55 and residents live along those routes but take it for granted that the roads will carry trucks. Workman stated the Council will have to look at these issues and maybe the types of businesses that are approved to assure they do not create additional truck traffic. He stated that he uses Willow Drive when needing a north/south route because there is not another good route. He stated if truck traffic is banned on Willow Drive, the trucks will move to another north/south roadway. He stated banning traffic on Willow Drive is only a band -aid solution and he thinks it should be looked at in a larger picture. In addition, the businesses mentioned need a truck route and if they are banned then residents may have a hardship in getting something delivered to their property. Brinkman stated that the trucking company can call the City to get an approval to use the roadway if they have a delivery in that area. Police Chief Belland stated if trucks are not allowed, then they ticket the truck. He noted that most residents have delivery trucks coming to their property. He stated he is not familiar with what a permitting process would be. Medina City Council Meeting Minutes November 8, 2006 391 Workman stated that the entire nation travels on wheels and streets are public. However, commerce also needs to be considered. Smith stated people voted against the County's proposal for a north/south corridor because it was going through wetlands. She stated there is a problem and she agrees with Workman's comment about looking at the type and location of businesses that should be allowed in Medina. She suggested Planning staff start looking at these issues. She stated she thinks DMJ has been cooperative with the City and perhaps the City should get a little tougher on the other businesses that are not cooperating. Kari Huhn, DMJ owner, advised that most of their trucks are tandem tri-axel and the drivers are paid by the hour and not by the load. She stated she understands the resident's concerns but they have had a deal with the City and they tell everyone not to use Willow Drive. However, they have no control over them once they leave the site. She pointed out that if they are not located in Medina, there would be another asphalt company to serve the residents. Huhn reviewed the number of deliveries they have made and types of jobs they have had. She stated they also donated gravel to the community center and paved private roads like Tamarack. Huhn stated they want to work with residents but maintained they do not use these streets unless they are going to a resident's property who has requested a service, or the school district, or a municipality. She stated they appreciate the work they get and have no problem with any other city except for Medina. She assured the Council that they use Prairie Drive because it is more safe. Workman stated he does not know what you can do about cut -through traffic but when residential roads are being used by commercial businesses, it causes a conflict. He stated it should be addressed in the Comp Plan as well as trails for walking and horses. Smith stated when Willow Road was paved, it was graded wider and gravel placed on the west side to create a trail. However, residents are saying it is not very usable with trucks whizzing by. She stated she knows there will be cars, pickup trucks, and SUV's but that is not the traffic that is the concern. Workman asked if there is a way to reach a compromise to ban through traffic. Brinkman stated he supports that suggestion and explained he is from a family with a business that uses heavy trucks and they sometimes have to use routes that are not direct. He stated he sees no problem to say trucks have to use Highway 101 and County Road 19, which DMJ is already doing. Then if there is a delivery in the neighborhood, they can call the City and get the paperwork documented. He asked if there is a legal issue to this requirement. Attorney Batty stated there is an issue of discriminating between through traffic and not - through traffic. Brinkman stated he sees no problem with blocking through truck traffic that is doing commerce and if they are reported or stopped, they can be told of the ban. In addition, the City can move in the direction to let them know by signage or stopping them with a fine. He stated he does not think it is a discriminating issue because Medina does not Medina City Council Meeting Minutes November 8, 2006 392 take State Aid funds and they are local City roads. He stated the trucker can be told they are residential roads for residents to use, walk along, and ride their horses. Brinkman stated it may be different if Medina were to take State Aid funding. Workman suggested this petition be referred to staff and the engineers to research the issues and provide a recommendation on options. Brinkman stated if the City chooses to move traffic to Highway 101 and County Road 19, there is a County road on Homestead so it is critical that Medina work with the County to assure they go along with that restriction. A resident asked that Parkview also be included in this consideration. Workman asked if County trucks are an issue on Willow Drive. Residents stated they are on Homestead, Parkview, and Hamel Road. Workman noted they are County roadways. Jim Lane noted that at the recent candidate forum there was reference to a gentleman's agreement with the County to reduce their truck traffic but it has become progressively worse. He noted that Hennepin County has the biggest stake to be a good neighbor to Medina. Workman concurred and pointed out that a restriction on truck traffic was written into the agreement with Hennepin County. Jim Lane stated that Jim Grube understands this situation very well and suggested they be asked a blunt question for an immediate response. Adams explained that question has been asked of Grube and Grube stated subcontractors do not use City routes unless they are doing projects within the City. Workman stated the timing is good because traffic has been a huge focus of residents and proposals for studies are needed to see what can be done to alleviate this problem. He urged residents to talk to businesses they work with. There being no further public input, the public hearing was closed at 8:18 p.m. Brinkman suggested that GL Contracting be sent a letter saying they have to use County Road 19 or Highway 101. Workman stated the Council can adopt a resolution asking them to refrain from using City streets. Chief Belland stated the dirt portion of Willow Road is posted at four ton and he has spoken to a business owner who assured him all are going to Highway 55 due to that posting. However, it could be contractors who are on Willow Drive. Smith stated that in Champlin, off 117th Avenue and Highway 169, it used to be a truck speedway by a major retail complex and industrial park. Champlin installed a round- about that created two lanes of traffic that cannot go straight through but must follow the round -about in a one-way direction. She stated there is no way that wouldn't help to slow down traffic because it is inconvenient. Workman pointed out that may only make the trucks take another route. Smith stated she does not want to push truck traffic to another road but the roads need to be designed for the types of vehicles they carry. She stated she wants to be creative Medina City Council Meeting Minutes November 8, 2006 393 to find a solution and another route for the trucks so they don't travel through the center of the City or through a swamp. Cavanaugh stated a big issue is speed of traffic. A resident stated speed is part of the problem, but not all of it. Cavanaugh stated one measure may be to look at the speed study. Smith cautioned that doing a speed study can also result in raising the speed limit because it is based on the distance between homes. A resident asked about the "gentlemens agreements" because there seems to be an exception about the location of the job. She stated if the job is in the City of Long Lake, then the truck should use County Road 19 to Highway 12 to Long Lake and not use Willow Drive. Brinkman agreed the exception is only if the job is in the City, in Medina. If the job is in Orono, then County Road 19 and Highway 101 should be used, not Willow Drive. Dan Johnson, 2505 Willow Drive, stated he sees a lot of trucks on Willow Drive but does not see a high frequency of DMJ trucks on Willow Drive. He suggested the City analyze where the trucks are coming from and going to and stated there is strong legal precedence in establishing a designated truck route that must be used. Brinkman asked if the Council can consider making a designated truck route. Workman stated his preference to refer the matter to staff and the engineers so all of the issues are researched. Adams stated staff will bring back a list of solutions that may include prohibiting truck traffic on Willow Drive, all residential roads, additional research, and associated costs. Smith asked that CUPs from the particular businesses mentioned be reviewed to assure they are compliant. Lorsung stated that information can be provided to the Council and the locations identified on a map. Smith stated she wants to know the businesses that are and are not in compliance. Brinkman explained that a 1-ton dump truck with duals in the back will haul 3 ton of dirt and is about the same as a tandem truck. However, a 1-ton truck with 3 or 4 or 6 doors that hauls a horse trailer is equally as heavy. The people with horses who live on that road will be more congenial drivers. He suggested that the definition should be a 1-ton commercial truck that is doing commerce. Workman stated this issue will be referred back for staff research and staff will notify residents who signed the petition of when it will again be considered by the Council. In addition to the mailed notice, it will be posted on the City's website. Smith stated she wants to assure the City Attorney knows the Council wants to find a way to prohibit commercial truck traffic through residential streets. A short recess was called and the meeting was reconvened at 8:39 p.m. Medina City Council Meeting Minutes November 8, 2006 394 C. CSAH 116 Speed Study and Bike Trail Request Adams advised that he told the resident that staffs recommendation is for Mn/DOT to do the speed study since there is no cost to the City and there is no risk to increase the speed limit since it is already at 55 mph. Moved by Cavanaugh, seconded by Smith, to direct staff to request that Hennepin County conduct a speed study of CSAH 116. Motion passed unanimously. Adams stated the bike trail request will be discussed next week Wednesday at the Park Commission meeting. D. 2007 Water Rate Analysis Adams advised this is an annual review of the water rates of the Hamel water system and addresses capital improvement needs and unexpected water use. There has been a more formal CIP review by Bonestroo & Associates that identified a change in the system needs. He noted the Corcoran analysis is not included because details of Corcoran's usage and needs are yet undetermined. When that is received a supplemental analysis will be done because more storage capacity and wells will likely be needed. At that time, the City will look at their timing of development, connection rates, and related issues. Smith expressed concern with the accuracy of the estimates. Adams explained that an agreement can be drafted to address the issues. Smith stated she would want to see a financial analysis to assure the City's reserves are not entirely used up. Workman agreed that will have to be priced into it. Jessica Cook, Ehlers & Associates, updated the Council on the staff analysis pertaining to the water system operations and capital improvement needs. She explained that in discussions with Corcoran, the analysis will be who takes the risk if growth does not happen as expected and they will work with Medina to assure the agreement addresses shifting that risk to Corcoran. Cook stated she used the set of growth data from Adams in the analysis this year. She explained the system components considered as well as new operating costs. They look at the two funds: operating fund and connection fund. The connection fees received from building units are set aside to pay for capital improvements for infrastructure that the development has driven the need for. Cook stated the user fees go into the operating fund. They looked at the user fees for 2007 to keep the operating system and fund balances healthy, and to assure enough revenue is coming in to build the needed infrastructure. Cook stated when they looked at the costs, they allocated them between the connection fund and the user fund. She noted the State statute says connection fees to be paid must be just and equitable for the creation of the system. For the existing water treatment plant, serving existing and future users, funds have been allocated 60% from operating fees and 40% from connection fees. The next infrastructure is wells and the water tower and been allocated 20% to users and 80% to the connection fund. Finally, Medina City Council Meeting Minutes November 8, 2006 395 for treatment plant expansion in 2015, it was allocated at 65% to connection fees and 35% to user fees. She suggested the rate increase for 2007 be 10% which is consistent with the discussion of last year. And, the connection fees would be raised 19% in 2007 and 8% a year thereafter, which is higher than projected because the capital improvements were higher and necessitated by growth. Cook stated if they use 27,000 gallons of water per quarter, the increase would be $6 per quarter or $2 a month. Connection fees are set on the City's costs and water infrastructure, not on what other communities are charging. However, they did provide that information for comparative purposes only. At this time, compared to other growing communities that had recently or are in the process of treating water, Medina fees in 2006 of $5,600 per unit are comparable but at the higher end. That is what a developer would pay to connect to water and sewer assuming a development of three units per acre. She advised of the cities that are not included because as communities mature, their rates decline. Cook stated if the increase is approved, it would cost $6,460 for combined water and sewer connection fees. She stated that while developers may complain, they never not develop because of the fees. Also, it is less than the cost to install a septic system and a well. Cook offered to answer questions tonight or through staff. Adams requested the Council accept the water study and direct staff to prepare the ordinance for approval in December. Moved by Cavanaugh, seconded by Smith, to accept the 2007 Water Rate Analysis and direct staff to incorporate the rate increases into the December fee ordinance for January 2007 implementation. Motion passed unanimously. E. On -Sale Liquor License Fees Adams stated there was discussion earlier this year to move forward with on -sale liquor license fee changes. He presented Option I to use the existing fee schedule; Option II that was proposed by a Council member, and Option III to adjust the fee increase and changes to the square footages. Smith inquired regarding the real square footage of the Medina Entertainment Center. Adams stated it is about 57,000 square feet. Smith stated if liquor licenses are based on square footage, more classifications are needed. Workman stated some cities have the same flat rate with all paying the same fee while others use size of the facility. Smith stated her preference to have users pay the fee. Cavanaugh stated his preference for Option III. Smith stated the Medina Entertainment Center should be in a different class because now it looks like they are the same. She stated if square footage is used to determine the fee, then a larger establishment should pay more. She suggested 12,000 to 20,000 square feet as a classification and 20,000 square fee and above as a separate classification. She also suggested to drop Class D. Medina City Council Meeting Minutes November 8, 2006 396 Smith stated she supports charging CUP holders a yearly fee to cover the cost for an annual inspection. Moved by Cavanaugh to amend the On -Sale Liquor License Fee Option III, adjusting Class B to 12, 000 to 20,000 sq. ft. and Class A to 20,000 sq. ft. and above. This motion died for lack of a second. Brinkman stated he agrees that an establishment that makes more money should have a more expensive license fee. Moved by Smith, seconded by Brinkman, to amend the On -Sale Liquor License Fee Option 11l as follows: Class A: greater than 20,000 sq. ft. for $8,500 Class B: 12,000 to 20,000 sq. ft. for $7,500 Class C: 6, 000 to 12, 000 sq. ft. for $6, 500 Class D: under 6,000 sq. ft. for $5, 500 Drop Class of less than 3, 000 sq. ft. Adams stated the public hearing needs 30 days published notice and a mailed notice needs to be sent to the establishments so the public hearing could be held on December 19, 2006. He asked if it would become effective January 1st or on July 1st when the license expires. Smith stated she would agree with it taking effect on July 1st Adams questioned if each fee be reduced by $1,000. Smith and Brinkman agreed to this option. The friendly amendment is as follows: Class A: greater than 20,000 sq. ft. for $7, 500 Class B: 12, 000 to 20,000 sq. ft. for $6, 500 Class C: 6,000 to 12, 000 sq. ft. for $5, 500 Class D: under 6,000 sq. ft. for $4, 500 Drop Class of less than 3, 000 sq. ft. Motion passed unanimously. It was noted that staff will schedule a public hearing on December 19, 2006, and provide 30-days notice to existing establishments of the proposed fee changes. VIII. CITY ADMINISTRATOR REPORT A. Schedule Special Meetings: Budget Work Session and MCWD Presentation Adams explained a budget work session needs to be held prior to the December 4, 2006 Truth in Taxation hearing. Medina City Council Meeting Minutes November 8, 2006 397 The Council discussed available dates for special meetings. Rather than scheduling a special meeting. Workman suggested this be discussed on the night of a regular meeting. Moved by Smith, seconded by Cavanaugh, to start the regular meeting of Tuesday, November 21, 2006, at 5:00 p.m. to hold a budget work session. Motion passed unanimously. Adams stated that the Minnehaha Creek Watershed District would like to present their proposed Water Resources Plan. He advised that the Minnehaha Creek Watershed District is only available on November 14, 2006 to meet. The Council discussed available times for this meeting. Adams advised that a meeting could be scheduled with two Councilmembers, two Planning Commissioners and two Park Commissioners so a quorum is not present. Or, staff could attend the meeting and present a response for Council's consideration. The Council asked that the information be provided to them via e-mail. Adams advised that a motion is not needed since a meeting is not being scheduled. Adams stated a meeting will need to be scheduled in December to take a tour of the water treatment facility. He stated he will recommend dates at a future meeting. B. 2006 Holiday and Celebration of Service Banquet Adams asked the Council for feedback and reviewed that last year the Council discussed the possibility of contributing to this event instead of having a potluck meal. The other discussion point was the location of the event. The Council indicated their preference for the community building location and if it is not available to consider the Near Wilderness Center in Baker Park. Moved by Cavanaugh, seconded by Smith, to provide a main course meal contribution to the 2006 Holiday and Celebration of Service Banquet to be held at the Community Building on Thursday, December 14, 2006. C. Membership to Minnesota Storm Water Coalition Adams explained the League of Minnesota Cities is coordinating the creation of a new coalition regarding storm water initiatives in the State. He stated this could be a good coalition on which to have staff or Council representation, to work with them on adopting different regulations, and to work through the Legislature. He noted the staff report contains correspondence and the fee range could be fit into the budget. Brinkman suggested staff attend one meeting before it is decided whether Medina should join. Moved by Smith, seconded by Cavanaugh, to approve membership in the Minnesota Storm Water Coalition and funding from the Council budget in the amount of $470. Motion passed unanimously. Medina City Council Meeting Minutes November 8, 2006 398 D. Three Rivers Park District Baker Natural Resources Management Barn Adams stated this is a follow up from the Council request to correspond to the District to postpone demolition of the barn. They agreed with that request and noted the report identifies problems with the building and costs involved to repair the building for use. Adams requested direction on the City's response to the Park District. Cavanaugh noted the cost is $200,000 to rehab the building. Workman stated he does not think the Park District will spend that amount. Workman noted a new one can be built for about $1 million so they concluded to build a new building. He noted it is the property of the Park District, which they bought from a private entity many years ago. He noted they remodeled the building a number of years ago and have now come to the conclusion that it is not economically feasible to make repairs. The District then asked the City if they were interested in the building. Smith questioned whether repair estimates are a bit high and stated she felt there was an obligation to inform others in community that the building may be available. She stated she thinks they would be willing to let someone else use this building in that location. Cavanaugh stated he knows of no non-profit in this area that would be in the position to take over this building because of the high cost. Adams asked if the City should rescind the request to look at other options. Smith stated she would like the newspaper to publish an article because she does not think the building is in such a bad condition. Workman noted this barn was built in 1940 and is not an historic building. Cavanaugh stated he wished something could be done with the building but because of the numbers he does not think it is feasible and does not think City staff should spend any more time on it. Smith again stated her support to delay the decision so more information can be gained and the newspaper can publish an article so the public knows this building will be demolished. She stated she does not like it when a building is demolished to relocate staff to another building that is at a greater distance. Adams asked when the matter will be back before the Council. Cavanaugh stated he does not want the issue returned to the Council. Adams stated he will leave the issue unless the Park District contacts the City again. E. City Recognition by International City/County Management Association (ICMA) Adams stated he and Council talked about the International City/County Management Association (ICMA) membership a year ago and asked if they are still amenable to be recognized by the ICMA. He asked if the Council is willing to adopt an ordinance to recognize a job description that the Administrator position is already working under to meet the requirements of the recognition. Adams stated he is a member of the ICMA Medina City Council Meeting Minutes November 8, 2006 399 and has attended their seminars with the Council's approval. He identified other cities that are members and explained it will help with recognition of establishing a professional administration as well as recruitment and retention of staff. Brinkman stated the City has an opportunity for a strong Mayor in Medina and suggested this be put off until the new Council is in place. He stated his support for a strong Mayor type of government and he believes this action would take something away from the people's control. Brinkman stated the Council has seen costs escalate to belong to professional organizations such as this. Smith stated this is a way to recognize Adams' profession and she thinks the 2007 Council will be in support. Council consensus was reached to table consideration of making application to the ICMA until a meeting in January of 2007. F. City Engineer Report Kellogg reported the south frontage road is under construction and paving is scheduled for tomorrow. The east/west portion of Mill Drive was paved yesterday. Kellogg advised that communication was received from the Federal Rail Authority regarding concerns with the median of Sioux Drive. This project was designed under the rules two years ago and no Federal comments were received at that time. However, now, two weeks ago, they said they didn't have the documents and the new rules must be followed. Kellogg reported the prep work is completed on the trail and it will be paved next week. Smith asked about removal of the dirt pile. Kellogg stated it is to be moved this week and he will talk with them tomorrow morning. G. County Road 19 Trail Resolution Adams stated a resolution was drafted by Attorney Batty based on Council discussion. He read the second paragraph of the draft resolution and noted if it is less than 8 feet the County will not support it and the City will have to cover the cost because it will be a local connection, not a regional connection. Adams stated it may not cost a lot to make that connection. Adams stated the Council's direction was to work with the County to fit in an 8 foot trail if the neighbors were amenable. Cavanaugh stated he thought the preliminary plan was approved for everything outside the park reserve without any conditions. The inside trail was approved contingent upon the equestrian trail. However, the drafted language indicates everything outside the park was approved with maintenance of the equestrian trail. Medina City Council Meeting Minutes November 8, 2006 400 Workman reviewed the language and agreed that it should be revised to indicate the Council approved the outside portions of the trail and will approve the inside portion of the trail if the County maintains the equestrian trail. Moved by Cavanaugh, seconded by Smith, to approve the Resolution Regarding Hennepin County Preliminary Layout No. 1 b, Preliminary Layout No. 2b, and Preliminary Layout No. 3a for the Construction of a Trail along County State Aid Highway (CSAH) 19 in the City of Medina, as amended. Motion passed unanimously. H. Other Items Adams reported he received something regarding the Three Rivers Park District policy statement amendment. Public hearings will be held on November 16 and December 2, 2006. Adams reported the Public Works Superintendent Interview Panel will interview four individuals on Tuesday afternoon. Adams reported the City's newsletter is going to printer in a few more days. Adams reviewed that the Pay Equity Report was resubmitted early in 2006 on job descriptions and point systems and now a response has been received asking why some points were changed from 2001 to 2002. He explained that he cannot find a record of why the points were changed and he attempted to contact former consultant Paul Ness who conducted a study on this item. However, if the report was delivered it was not accepted by the Council in the meeting minutes. Adams stated he has submitted a memorandum stating this occurred and if deemed to be out of compliance then more work will need to be done. In the future, a change in points will be fully documented to avoid this problem again. IX. MAYOR & CITY COUNCIL REPORTS Cavanaugh stated before the elections he had noted his support to follow up on election discrepancies. He stated there was one postcard that did not follow election rules so the City should follow up on it. Adams stated he checked the campaign laws and talked with the City Attorney today about this issue. He explained that this is a State issue, not a City issue. He explained the process of how a formal complaint should be filed. Cavanaugh stated he would like rules put into place before the next election. Smith noted it is not up to the City to enforce the campaign rules. Adams agreed and explained the process was established by the State. Dan Johnson suggested that when selling a mailing list, the buyer be required to sign an agreement stating they will abide by the election practices. Medina City Council Meeting Minutes November 8, 2006 401 Smith stated she talked to Carol Wegner who still has issues with the Ryan Companies project as Ryan has not responded to her. Smith stated the trees that were planted for screening were not well done. Adams stated that is a private agreement between Wegner and Ryan but the City can help facilitate the dialog. X. APPROVAL TO PAY THE BILLS Moved by Cavanaugh, seconded by Smith, to approve the bills, order check numbers 030066-030128 for $266, 807.05, and payroll check numbers 019978-019985 for $34, 874.07. Motion passed unanimously. XII. ADJOURN Moved by Cavanaugh, seconded by Smith, to adjourn the meeting at 9:55 p.m. Motion passed unanimously. ce D. Workman, Mayor Attest: 1.tme /44.___ Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes November 8, 2006 402 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes November 8, 2006 403 ORDER CHECKS - NOVElirilBER 8, 2006 030066 A.T.& T $34.55 030067 AAA STRIPING $4,920.30 030068 ADAM'S PEST CONTROL $105.44 030069 ALLSTAR ELECTRIC $203.01 030070 AMERICAN TIRE DISTRIBUTORS $1,704.12 030071 ASPHALT CONTRACTORS, INC. $1,927.99 030072 BATTERIES PLUS $69.20 030073 BIFF'S INC. $430.01 030074 BONESTROO, ROSENE, ANDERLIK $92,081.95 030075 BUDGET PRINTING $67.10 030076 BUFFALO BITUMINOUS $589.07 030077 CHUNKS LAKESHORE AUTO $318.11 030078 CIPHER LABORATORIES $1,520.63 030079 CLASSIC CLEANING $686.93 030080 COMMISSIONER OF TRANSPORTATION $247.76 030081 DEEP ROCK WATER COMPANY $119.90 030082 ERICKSON, ROLF ENT., INC $5,602.86 030083 ESS BROS. & SONS, INC. $469.67 030084 FLANAGAN SALES INC. $1,578.78 030085 G. L. CONIRACTING $1,316.75 030086 HAWKINS INr $3,042.59 030087 HENNEPIN CHIEFS ASSN $40.00 030088 HENNEPIN COUNTY TREASURER $16,998.00 030089 IMS MINNESOTA $47.15 030090 INNOVATIVE BUILDING CONCEPTS $5,500.00 030091 KD & COMPANY $36.91 030092 KENNEDY & GRAVEN $17,330.90 030093 KODET ARCHITECTURAL GROUP LTD $8,470.30 030094 KONICA MINOLTA BUS. SOLUTIONS $536.12 030095 KONICA MINOLTA BUS. SOLUTIONS $2,163.47 030096 LAKE BUSINESS SUPPLY $25.54 030097 LANDFORM $8,277.70 030098 LAW ENFORCEMENT LABOR SERVICES $259.00 030099 LORETTO FIRE DEPT $5,000.00 030100 MCFOA $30.00 030101 MEDICA $212.00 030102 MEDICA CHOICE $18,473.32 030103 MINNESOTA U.I. FUND $3,817.00 030104 MN CHIEF'S OF POLICE $55.00 030105 MOTHERS MOTORS/LORETTO TOWING $440.35 030106 NATIONAL FIRE PROTECTION ASN. $697.50 030107 NATIONAL RESEARCH CENTER $11,445.00 030108 OFFICE SUPPLY CONNECTION $181.58 030109 ORONO IND.SCH.DIST. 278 $517.42 030110 PLYMOUTH, CITY OF $671.59 030111 PRUDENTIAL INSURANCE CO. OF AM $337.00 030112 QWEST $39.93 030113 QWEST $4.98 030114 RCM SPECIALTIES, INC. $1,410.00 404 030115 030116 030117 030118 030119 030120 030121 030122 030123 030124 030125 030126 030127 030128 019978 019979 019980 019981 019982 019983 019984 019985 EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT ORDER CHECKS - NOVEMBER 8, 2006 (CONI''D) RICE LAKE CONST $10,274.00 SIGNATURE LIGHTING INC. $5,829 .77 SONNYS AUTO $964.35 STREICHER'S $6,134.01 TALLEN & BAERTSCHI $2,630.06 TIME SAVER OFF SITE SEC. $645.83 UNION SECURITY INS. CO. $352.34 VERIZON WIRELESS $21.57 WEST HENNEPIN AUTO $94.62 WOODDALE BUILDERS $10,000.00 WRIGHT-HENNEPIN ELECTRIC $1,676.30 WSB & ASSOCIATES $5,930.50 XCEL ENERGY $2,201.56 XEROX CORPORATION $48.66 $266,807.05 PAYROLL CHECKS - NOVEMBER 6, 2006 CONVERSE., KE,ITH A $2,179.87 WORKMAN, BRUCE $207.79 SMITH, CAROLYN A. $138.52 BRINKMAN, RANDY $138.52 SCHERER, STEVEN T $1,730.97 CONVERSE, KEITH A $1,476.16 VIEAU, CECILIA M $1,066.50 CAVANAUGH, JOSEPH $138.52 ADAMS, CHAD M. $7,182.33 SCHERER, STEVEN T $1.00 MCGILL, CHRISTOPHER R. $1,554.05 HALL, DAVID M. $1,616.59 DRESSEL, ROBERT P. $1,421.50 BELLAND, EDGAR J $2,431.49 VIEAU, CECILIA M $1.00 DINGMANN, IVAN W $1,356.36 SULANDER, LAURA L. $1294.57 BOECKER, KEVIN D $1,762.79 WEIR, ELIZABETH V. $138.52 GREGORY, THOMAS $1,770.36 LORSUNG, ROSE A $1,288.76 NELSON, JASON $1,799.05 KLISZCZ, DAVID A. $514.33 VINCK, JOHN J. $1,181.00 FINKE, DUSTIN D. $1217.15 MAROHNIC, NICHOLAS $480.17 DAY, JEANNE M. $2,038.34 DOMINO, CHARMANE $1,056.73 WUNSCH, JODI M. $934.01 STEELE, KELLY J. $394.42 LEUER, GREGORY J $1,362.70 $34,874.07