HomeMy Public PortalAbout11/15/05 CCM347
MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 15, 2005
The City Council of Medina, Minnesota met in regular session on November 15, 2005 at
7:03 p.m. in the Hamel Community Building. Mayor Workman presided.
I. ROLL CALL
Members present: Brinkman, Cavanaugh, Weir, and Workman.
Members absent: Smith
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Public Works
Director Jim Dil!man, Police Chief Ed Belland, City Planner Rose Lorsung, City Planner
Consultant Sarah Schield, City Administrator Chad Adams and Recording Secretary
Cheryl Felix.
I. PLEDGE OF ALLEGIANCE
II. ADDITIONS TO THE AGENDA
There was none.
III. APPROVAL
A. Approval of the October 25, 2005 Joint Meeting of Planning Commission
and Park Commission Minutes
Moved by Weir, seconded by Cavanaugh, to approve the October 25, 2005 joint
meeting of Planning Commission and Park Commission minutes. Motion passed
unanimously.
B. Approval of the November 1, 2005 Regular City Council Meeting Minutes
It was noted on page 11, the 2nd paragraph, it should be stricken: "Adams requested
check number 028269 in the amount of $1,480.96 be added." Additionally, it should be
stricken from the motion.
Moved by Weir, seconded by Cavanaugh, to approve the November 1, 2005 regular
City Council meeting minutes as amended. Motion passed unanimously.
IV. CONSENT AGENDA
A. Resolution Granting a Text Amendment to the Comprehensive Plan
Regarding Uptown Hamel Transportation
B. Resolution Granting a Text Amendment to the Comprehensive Plan
Regarding Rural Commercial Holding District
C. Approve the Release of Financial Guarantee for Schlosser Addition Site
Plan
D. Resolution Granting PUD General Plan Approval for Ace Properties, LLC
for Property Generally Located North of Clydesdale Trail, East of CSAH 101
E. Resolution Granting Preliminary Plat Approval for Ace Properties, LLC for
Property Generally Located North of Clydesdale Trail, East of CSAH 101
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F. Approve Acquisition of Dump Truck for Public Works Department
G. Resolution Certifying Delinquent Water, Sewer, and Recycling Charges to
the Hennepin County Auditor for Collection in 2006
H. Approve Contract Renewal with Embedded Systems, Inc. for Siren
Maintenance
I. Approve Medina Police Reserve Request to Acquire Tasers and Clothing
Apparel
Moved by Weir, seconded by Cavanaugh, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
Sue Van Cleaf, Press & News, stated the community has lost one of its valuable
members — Desen Dorweiler.
B. Park Commission
Dillman stated the Commission meets tomorrow night to start discussions on open
spaces.
I. Planning Commission
Lorsung stated the next meeting will be early with a work session, from 6:00 p.m. to 8:00
p.m., to discuss the wetland ordinance. At the next Planning Commission meeting the
sign ordinance and the erosion control ordinance with new grading procedures will be
discussed. The first moratorium meeting was held last night. At the next City Council
meeting there will be a few minor subdivisions and possibly the new Park Commons (old
DQ near Maple Plain) redevelopment site.
VII. NEW BUSINESS
A. Community Building Policy — Civic Organization Use
Adams stated the current policy dictates civic organizations can use the building on a
rent-free basis after obtaining City Council approval. A number of organizations have
contacted him over the past six months; however, several have walked away instead of
coming to Council for approval. He requested Council discuss whether this policy
should be changed.
Galen Bruer, 4-H Club representative, stated it would be convenient for their Club to
meet at the community building. He provided information regarding the purpose of
recreational facilities, non-resident/resident fee guidelines, and damage deposits. He
requested the 4-H Club use the building on a rent-free basis.
Workman replied he would like to see civic organizations use the building rent free, but
added his concern is that there needs to be financial responsibility somewhere to have
accountability. He suggested the issue be referred to the Park Commission because
the building is part of the park facility, for them to come up with recommendations of
what clubs can use the building rent-free and financial responsibility.
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Bruer asked if there is a list of those who may use the building on a rent-free basis.
Workman replied the Lions Club currently does and the Council is trying to help other
clubs that were using City Hall.
Bruer stated with the City of Corcoran the 4-H Club has put down a deposit and one
leader received a key and assumes responsibility. Weir replied she Tikes the idea of a
deposit or a guarantee.
Workman stated starting next year City Hall will take over the community building.
Adams replied this may take place around March.
Bruer stated a member of the 4-H Club could sign for a key. Adams replied something
can be worked out.
Weir asked if the financial guarantee must be set now. Workman replied no, the Park
Commission will review the issue.
Bruer asked about residency. Workman replied residents should have priority over non-
residents.
Moved by Weir, seconded by Brinkman, to approve the 4-H Club using the community
building rent-free. Motion passed unanimously.
A. Land Alteration Permit — Policy Discussion
Adams stated two items for discussion are the land alteration ordinance where
agricultural is exempt from Council approval and Lenny Leuer's request for land
alteration.
Lorsung replied the existing ordinance regarding agricultural use talks about land
alteration permits on a small scale, and Staff is looking to implement a grading
ordinance to look at larger projects in the City. She requested discussion and approval
to add a grading section to the erosion ordinance.
Weir asked if the recommendation is to get rid of agricultural. She also asked if land
alteration on a farm will affect future buildability on the site. Lorsung replied the
recommendation is to create one ordinance that encompasses larger areas. She added
if agricultural is exempt owners could alter their land without understanding the effects,
such as not being able to subdivide if the suitable soils minimum is not met. The
existing land alteration ordinance is crafted around old procedures.
Workman asked if there are any state laws that may overshadow this. Batty replied he
could not find any statutes that prohibit amending the ordinance to include agricultural to
use the land alteration permit. He added three types of uses were exempted in the
ordinance when altered in 1997 due to the Watershed District project where there was
an inadequate paragraph, but the City could reconsider these exemptions.
Weir stated in looking at the soils map and a particular farm it could be estimated
whether it is viable for suitable soils to consider future subdivisions. She added they
could, except agricultural sites where soils would not support subdivision. Lorsung
replied a map and analysis has already been put together of those that can be
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350
subdivided. She added Staff is not sure they could do an objective review of all
properties considered agricultural use.
Weir stated farming is open space and the City wants open space, but farmers need to
understand the impact of soil alteration on subdivisions for the future. She added she is
aware farming is an economical marginal pastime and it is tough to put more expenses
on it.
Brinkman asked if projects such as the Ryan development started this. He suggested
the developer provide a grading plan and keep the City informed of any changes. He
added the ordinance, if used for the purpose of agricultural use, should be left alone. If
it is to be changed, it should be homeowner versus development; homeowners should
be charged minimal. Lorsung replied Staff looked at the ordinance because of projects
such as the Ryan development. There is City engineering standards but currently
nothing in the ordinance. She added to submit plans is a one-time $100 permit/fee and
the City does not charge anything for revising grading plans. There is no process on
items such as who needs to review it and the fee. She requested City engineers come
up with something to bring to the next Planning Commission meeting.
Brinkman asked if the City charges for large developments. He added if an owner
continues to use their land for farming it would be nice to let them know they could
potentially ruin their site for future subdivisions. Adams replied the City does charge for
large developments when a development agreement applies; however, if a developer
comes in and does site work there is no fee. Adams asked how the City would delineate
between a developer from a farmer if significant land alteration occurs.
Batty stated one provision in the land alteration permit ordinance could be roads and to
list preventive measures to see that the roads are not damaged. If agricultural remains
that whole provision does not apply. He added Council might want to consider still
regulating large amounts of dirt. Weir replied she thinks this would be essential.
Workman stated it is fine if dirt moving is happening on site and not being moved off or
on it; however, if someone is using the roads it is a public issue and a permit needs to
be involved to ensure roads are kept up. He added the area needs more discussion
and requested Staff review and come back with suggestions.
Adams stated there could be provisions for agricultural properties as well but more
conditions. Brinkman replied correct, if it affects the roads. Workman replied if there is
a permanent change in the landscape. Weir replied if there is reclamation. Lorsung
replied Staff is looking to prepare something for the next Planning Commission meeting.
Lenny Leuer, 3625 Chippewa Road, representing his mother's site, 3705 Chippewa
Road, stated he is requesting to repair an existing field drain tile and to have dirt
delivered to fill in the gully that has eroded because of the plugged tile. The area in
question is shy five acres of suitable soils so he is not worried about future subdivisions.
The Soil Conservation District has declared this area marginal pastureland. Due to
runoff vegetation has grown up around this area, which now acts as a buffer to the
current ditch. There is no impact that is going to effect wetlands.
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Weir asked where would be the proposed silt fencing. Leuer replied at the end of the
gully, approximately 100 feet in width.
Weir stated Leuer knows about wetland protection and she believes this land needs
help. The gully is two feet deep and the topsoil has been lost. She added she would
see this as land reclamation for a farm and within the City goals to retain open space;
therefore, with Dillman's recommendations this should be approved. She asked about
the $500 for City engineering services. She added she believes Staff time to inspect the
roads needs to be paid for. Dillman replied the $500 would be for inspection of the silt
fencing and checking for wetland, but he believes it is not needed.
Workman suggested waiving the $500 fee. Adams replied Leuer is here as a courtesy,
there is no application before Council. He added if Leuer is open to all conditions that's
great but they cannot be imposed upon him per the current ordinance definitions and
regulations.
Leuer stated the truck hauler is here tonight. He added they might have to wait until
after a hard freeze to begin the project. Workman replied communicate with Dillman
and the contractors on the project.
Leuer asked if he needs to submit an application. He also asked if he can go ahead
with the project with Dillman's recommendations. Lorsung replied agricultural is exempt
so there is no application and no fee. Adams replied Leuer does not have to follow
Dillman's recommendations.
C. 2006 Budget - Discussion
Adams stated he was hoping to provide Council with a report on fees and a rate study;
however, Ehlers & Associates rescheduled today's meeting to Friday. He noted fees
were estimated to increase by about 16%; however, now may increase more and needs
to be reviewed. He added on the flip side, the final cost of the water treatment plant is
unknown. Workman replied the City does not want to borrow money so it needs to be
assured they do not have a deficit.
Adams stated the City could borrow additional funds if more improvements are done
such as running lines from the treatment plant. He added they are working with the City
of Corcoran to provide water.
Adams stated shortly residents will receive information regarding a property tax
increase, and even though the tax rate declined market values have increased and that
may affect several residents' city tax burden.
Weir stated Council does not have control over property tax increases. Workman
replied they do over the City share. He added for no tax increase, the City must spend
less than what is in the City budget.
VIII. CITY ADMINISTRATOR REPORT
A. Phase III Street Improvements to Arrowhead Dr./Hackamore Rd.
Adams stated if the City is not able to secure easements outright, suggested options
include to leave the road as is, build the road now, condemn the necessary right-of-way,
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or approve a comp plan amendment. Adams clarified that the option to leave the road
as is could work within the timeframe of the comprehensive plan update and the
development agreement with Charles Cudd Co. (Bridgewater project).
Kellogg pointed out the proposed areas and noted the drawing demonstrates without an
additional right-of-way they are asking property owners for easements. He added the
City has the ability to go in and make improvements to existing roadways.
Workman replied it is an unsafe road and needs to be done right. Kellogg handed out a
summary of the phases and noted phase III is just street improvements because the
utilities are already in.
Weir asked what land is the City looking to take. Kellogg replied a right-of-way is
normally 66 feet so they would like to take an additional 33 feet for the portion that is
currently 33 feet.
Weir stated the road is a bit snaky. Kellogg replied the curves would be softened in
several areas, which would allow sight distance to increase.
Cavanaugh asked what is the total square footage of land that would be taken. Kellogg
replied 1.7 acres from the north edge to the Corcoran border, and from that point to the
east is 1.1 acres, so a total of approximately 2.8 acres.
Workman asked if landowners were asked for easements. Kellogg replied he had a
discussion with two of three owners; however he thinks part of the problem is that they
have already been approached by developers and may be waiting for a deal from them.
Workman stated he has received calls from citizens on that road indicating the road is
not in good condition today. He added the City is not being punitive to those residents
because they are not granting easements; they want to make sure the road is the same
as others in the City. He noted the City does not want to build with the existing statutory
right-of-way and they do not want to pay for condemning the road. Staff has previously
been asked about the comp plan, but stated their plate is full. Therefore, he
recommended option one — leaving the road as is.
Weir stated they will start addressing the comp plan shortly.
Cavanaugh stated he understands Staff does not want to take on more projects;
however, if people want to develop there needs to be more research. He added
government's role is not to have citizen's follow when government is ready; it is when
citizens are ready government needs to respond. He replied additional staff needs
could be outsourced. Cavanaugh stated these costs should be pushed down to the
developer. Weir questioned the expense of outsourcing.
Adams stated too much emphasis is being placed on only staff resources and that the
policies set within the comprehensive plan is the most critical issue. He added it is
staffs responsibility to defend and enforce the comp plan. Adams explained that the
purpose of a comprehensive plan is to look at development issues of the City globally,
involving both infrastructure, desire land use, and rate of growth. He added this very
issue being on the agenda tonight illustrates the problem with moving forward with
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comprehensive plan amendments prematurely, because phase III of the public
improvements for Bridgewater development is not moving forward as a result of
necessary right-of-way/easements not being obtained. Workman replied historically
several adjacent landowners did not want this included in the comp plan amendment.
Karen Eide, resident, stated this is untrue. Adams replied there are public meeting
records that illustrate some residents being opposed to the Bridgewater project initially.
Brinkman stated he thinks they need to leave the road as is because when there will be
a development then easements can be taken. Workman asked if the process should be
pushed up by the comp plan. Weir replied they should be a lot more careful with comp
plan amendments. She added although this saves taxpayers money it upsets residents.
Cavanaugh asked if it is being suggested there should be no comp plan amendments.
Weir replied there should be no comp plan amendments because of the upcoming
process to revise the entire comp plan. She added they could put a moratorium on it but
she does not think it needs to go that far.
Adams clarified Staff cannot require or inform developers that no comp plan
amendments will processed, with the exception of a moratorium they have to accept
them. Batty replied correct, Staff has to accept them but Council then can make the
decision not to approve on an ad hoc basis.
Workman clarified that option one has consensus of Council — wait on the phase III of
public improvements.
B. 2006 — 2008 Police Union Contract
Adams stated he and Belland have met with union representatives because they are at
the end of their three-year contract. He reviewed the general terms that are changing,
including a wage increase of four percent for the next three years, which will make them
more competitive; holiday pay increase from time and a half to double time (for those
called in on a holiday); funeral leave expanded to include more family members per new
personnel policy; city contribution to life Insurance premium of policy increase to
$50,000 annually starting in 2007; and uniform allowance increase to approximately
three percent per year. He added a few items that were not agreed to include revised
step changes, from five to four, which allows a jump on January 1, and longevity pay. If
Council is not comfortable with the proposal they will need to go to closed session.
Workman replied the proposal seems very reasonable on both sides.
Weir asked if the officers were satisfied. Belland replied they are very satisfied and
have accepted the terms. He noted contract negotiations have worked out well the last
three times.
Moved by Brinkman, seconded by Weir, to authorize staff to prepare the final agreement
of the police union contract with terms referenced above. Motion passed
unanimously.
C. Environmental Assessments — Phase I and Phase II Grant Opportunities
Adams stated Hennepin County has federal grant dollars available that would provide
for Phase I and Phase II environmental assessments. He added Staff would like to
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November 15, 2005
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discuss this issue with property owners to see if they should go forward. Restrictions
included the properties having to be along the TH55 Highway Corridor, record of
possible leak site or hazardous waste collector, and a potential for upcoming
development. Staff proposes to contact property owners within the Hamel area, or TIF
district.
Moved by Weir, seconded by Cavanaugh, to direct Staff to move forward with phase I
and phase ll applications. Motion passed unanimously.
D. Finance Director — Job Search
Adams stated the position has been advertised for; however only three applications
were received of which none of them met the minimum qualifications for the position.
He suggested the assistant administrator duties be removed as well as some of the
qualifications and the salary increased.
Weir asked what qualifications would be reduced. Adams replied certified public
accountant would be removed and government experience would be shorted in terms of
desirable qualifications.
Weir asked if the 2006 budget would coincide. Adams replied the 2006 budget would
be fine because there would not be someone hired for the position for the first month or
two; however, it would be a bigger factor in 2007 and 2008.
Adams stated although the salary appears competitive, he suggested increasing it by
one step, $10,000 annually, to approximately $57,000 - $65,000 for starting salary.
Moved by Weir, seconded by Cavanaugh, to direct Staff to revise the Finance Director
job description, increase the salary by one step, and advertise for the position. Motion
passed unanimously.
Adams stated the position will be advertised in additional areas. He added they
considered nationally but have decided not to. Workman replied the City might have to
pay moving expenses then. Adams suggested the ads showcase more about the City.
Cavanaugh asked if a summer intern has been considered. Adams replied they will
probably maintain their existing intern for the next year and half, and several options are
being considered if this full-time position does not progress.
Kellogg stated Sioux Drive will not get done this year because of items such as
easements. Mill Drive may be done, weather permitting. Pond work has been delayed
due to soft soils and may go into winter. The intention is to have the stormwater pipe
installed from the new pond back to Sioux Drive, down to Rockford Road.
Workman asked if there are easements on the properties. Kellogg replied no, the
concern is that water would rise before exiting the pond; however, no water can get out
because outlet materials have not been excavated.
Weir stated she received a call that the pond was being emptied on their land. Kellogg
replied that was their initial thoughts until it was explained to the property owners.
Medina City Council Meeting Minutes
November 15, 2005
355
IX. MAYOR & CITY COUNCIL REPORTS
Weir stated at the moratorium meeting Tom Crosby was voted chair, rural character was
defined, and committee objectives were chosen. Lorsung replied she would put the
minutes together and provide them to Council.
Weir asked where landfill testing is being done. Adams replied plans are still being
reviewed. Lorsung replied she contacted the PCA; they have a pre -bid meeting
tomorrow at 1:00 p.m. and are looking for a City representative to attend. In spring of
2006 they will be testing wells outside the landfill area but have not indicated which
ones.
X. APPROVAL TO PAY THE BILLS
Moved by Cavanaugh, seconded by Weir, to approve the bills, order check numbers
028629-028693 for $503, 758.29, and payroll check numbers 019574-019595 for
$28, 864.22. Motion passed unanimously.
Xl. ADJOURN
Moved by Weir, seconded by Cavanaugh, to adjourn the meeting at 9:03 p.m. Motion
passed unanimously.
Attest:
.911 4-(______
Bruce D. Workman, Mayor
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
November 15, 2005
356
THIS PAGE LEFT BLANK INTENTIONALLY
Medina City Council Meeting Minutes
November 15, 2005
357
ORDER CHECKS - NOVEMBER 15, 2005
028629 MINNETONKA SOUND & LIGHTING $1,480.96
028630 DEMING, JANICE $4,000.00
028631 A.T.& T $79.36
028632 ANDERSEN, EARL F $70.10
028633 BATTERIES PLUS $84.14
028634 BCA/BTS $45.00
028635 BEEF'S INC. $421.82
028636 BONESTROO, ROSENE, ANDERLIK $125,954.48
028637 BUDGET PRINTING $127.69
028638 BURSCHVILLE CONST. $168,861.74
028639 CENTERPOINT ENERGY $36.99
028640 CONVERSE, KEITH $22.79
028641 CULLIGAN $46.17
028642 DEEP ROCK WATER COMPANY $93.15
028643 ELAN FINANCIAL SERVICE $1,403.85
028644 ESS BROS. & SONS, INC. $221.52
028645 FORTIN HARDWARE $157.70
028646 FRONTIER $59.00
028647 G. L. CONTRACTING $101,999.32
028648 GALLS, INC. $109.98
028649 GOVERNING $16.00
028650 GREGORY, TOM $28.27
028651 HAMEL BUILDING CENTER $27.43
028652 HAMEL ELECTRIC, INC. $2,738.75
028653 HAWKINS INC. $90.00
028654 HENNEPIN CO.TREAS.(JAIL SVC.) $570.50
028655 HENNEPIN COUNTY INFO.TECH.DEPT $843.59
028656 HENNEPIN COUNTY SHERIFF $300.00
028657 HENRYS WATERWORKS $287.07
028658 HIGHWAY 55 RENTAL $31.42
028659 HOSTINGMINNESOTA.COM $24.95
028660 INT'L CITY/CO. MGMT. ASSN. $588.00
028661 INTOXIMETERS, INC. $92.60
028662 J-CRAFT, INC. $323.86
028663 KENNEDY & GRAVEN $38,988.79
028664 LAKE BUSINESS SUPPLY $47.75
028665 MAS MODERN MARKETING $242.86
028666 METRO WEST INSPECTION $7,455.40
028667 METRO.COUNCIL ENVIRO. SERVICES. $11,537.09
028668 METROPOLITAN COUNCIL WASTEWTR $10,048.50
028669 MINNEAPOLIS DEPT.HEALTH&FAMILY $94.00
028670 MINNESOTA DEPT OF PUB. SAFETY $400.00
028671 MOUND POLICE DEPARTMENT $790.00
028672 NATIONAL WATERWORKS $136.01
028673 NORTHWEST LEAGUE OF MUN. $718.47
028674 OLSON, JANET $71.39
028675 ORONO IND.SCH.DIST. 278 $488.20
028676 PLYMOUTH, CITY OF $725.54
028677 PRESS & NEWS PUBLICATIONS $1,505.34
028678 PRUDENTIAL INSURANCE CO. OF AM $247.98
358 ORDER CHECKS - NOVEMBER 15, 2005 (CONT'D)
028679 QWEST $165.97
028680 REYNOLDS WELDING $84.12
028681 STS CONSULTANTS $465.00
028682 TALLEN & BAERTSCHI $4,765.40
028683 TRI-K SERVICES $572.97
028684 TWIN CITY WATER CLINIC $40.00
028685 U.S. POSTAL SERVICE $500.00
028686 UNION SECURITY INS. CO. $396.23
028687 VALVOLINE FLEET SERVICES $118.85
028688 VERIZON WIRELESS $5.76
028689 VINCK, JOHN $32.56
028690 WASTE MANAGEMENT-TC WEST $3,353.28
028691 WESTSIDE WHOLESALE TIRE $282.30
028692 WRIGHT-HENNEPIN ELECTRIC $160.95
028693 XCEL ENERGY $8,079.38
$503,758.29
PAYROLL CHECKS - NOVEMBER 14, 2005
019574 ADAMS, CHAD M. $1,922.44
019575 SCHERER, STEVEN T $1,297.49
019576 MCGILL, CHRISTOPHER R. $1,470.39
019577 HALL, DAVID M. $1,599.66
019578 DILLMAN, JAMES D $1,839.05
019579 DRESSEL, ROBERT P. $1,111.73
019580 BELLAND, EDGAR J $2,231.89
019581 CONVERSE, KEITH A $1,396.65
019582 VIEAU, CECILIA M. $1,028.73
019583 DINGMANN, IVAN W $1,274.01
019584 SULANDER, LAURA L. $1,186.65
019585 LARSON, SANDRA L $1,328.78
019586 BOECKER, KEVIN D $1,697.40
019587 GREGORY, THOMAS $1,622.99
019588 LORSUNG, ROSE A $1,171.59
019589 NELSON, JASON $1,681.49
019590 THUL, JEFFREY P. $1,381.74
019591 KLISZCZ, DAVID A. $497.08
019592 VINCK, JOHN J. $1,268.90
019593 FINKS, DUSTIN D. $277.05
019594 MAROHNIC, NICHOLAS $462.44
019595 OLSON, JANET $1,116.07
$28,864.22