HomeMy Public PortalAbout11/17/09 CCM337
MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 17, 2009
The City Council of Medina, Minnesota met in regular session on November 17, 2009 at
7:00 p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Johnson, Siitari and Smith.
Members absent: Weir.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, City Planner Dusty
Finke, Public Works Superintendent Steve Scherer, Finance Director Jeanne Day, City
Administrator Chad Adams and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the November 4, 2009 Regular City Council Meeting Minutes
It was noted on page four, line 21, it should state: "...this but she had been advised that
staff." On page six, line 43, a statement should be added stating, "The Council and staff
pointed out language in the ordinance that they felt allowed that flexibility for developers
in regard to low impact development." On page 11, line 13, it should state,
"...importance of tree4rimming secondary uses, questioned if tree-tfimming secondary
uses were was a higher importance than general operations.
Moved by Smith, seconded by Siitari, to approve the November 4, 2009 Regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Job Description for Part Time Snow Plowing Position
B. Approve Change Order #1 for Hamel Field House
C. Approve League of Minnesota Cities Insurance Trust Waiver Form
D. Approve University of Minnesota Program Agreement for Manure/Pasture
Management Services
E. Approve Addendum B to Revise County Road 116 Trail Bid Date to January
13.2010
F. Ordinance Related to Regulations of the Business Park Zoning District and
Creating the Business Zoning District: Amending Section 832 and Adding
New Sections 832.1. 832.2, and 832.3
G. Ordinance Related to Driveway Widths for Single Family Homes Amending
Section 400
H. Resolution Authorizing Publication of Business Regulations Ordinance by
title & Summary
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November 17, 2009
338
I. Resolution authorizing Publication of Driveway Widths Ordinance by Title
& Summary
J. Resolution Authorizing Publication of Concept Plan Ordinance by Title &
Summary
K. Resolution Granting Extension of Time to File Final Plat for Hamel
Commons Amending Resolution 2009-43
Moved by Smith, seconded by Johnson, to approve the consent agenda. Motion
passed unanimously.
VI. PRESENTATION
A. Open Space Economic Benefits — Mark Schiffman. Embrace Open Space
Mark Schiffman, on behalf of Embrace Open Space, explained the purpose of the
organization as being encouraging to the preservation of open space in Hennepin and
Washington counties, and provided some background information on himself and his
past local government experience. He stated that he thought Medina has been
thoughtful in regard to open space and provided a definition of different types of open
space such as hunting land, parks, and golf courses. He presented information in
regard to the amount of open space within the metro area and the importance of
balancing development and open space, and also summarized research that had been
gathered in regard to the financial benefit of open space within a community.
Crosby stated that the City of Medina previously appointed an Open Space Task Force
that had come to those same conclusions and that the open space plan had been
attached to the comprehensive plan. He stated that Medina does not receive the same
amount of funding as other neighboring communities, such as Plymouth, which have a
larger tax base and permits for open space.
B. Open Systems International
Adams stated that the Hennepin County Common Bond Revenue program had been
discussed at a Council meeting in August and explained that the program was now
proposing to be used through Hennepin County and the City of Minneapolis for Open
Systems International, in order to encourage a Plymouth based company to relocate to
Medina.
Crosby welcomed the representatives from Open Systems International and explained
that the identity of the company had previously been kept private and that he was happy
to formally welcome the business prospect to Medina.
Ed Fitzpatrick, project manager and employee of OSI, summarized the history of the
company and described the products offered. He stated that the company has grown
from a handful of employees in 1992 to over 100 employees currently and explained that
the company has outgrown their current location. He advised that the outcome would
be to create a campus setting for the company, which would allow for further growth.
He stated that the company would like to move into the new location in 2011, as the total
employee base at that time is estimated to be over 200, and estimates further growth to
300 or 400 employees in the future at the new proposed location.
Crosby questioned if the real estate deal had been completed.
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November 17, 2009
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Ed Fitzpatrick stated that the landowner was present at the meeting tonight and advised
that the deal was almost complete. He advised that this was not a hypothetical deal and
explained that OSI had contributed a large amount of money towards this project. He
stated that OSI would appreciate the support of the Council in the attempt to secure the
funding.
1. Resolution Providing Local Approval for a Proiect to be Financed
by the City of Minneapolis through a Joint Powers Agreement with
Hennepin County and the Hennepin County Redevelopment
Authority
Motion by Johnson, seconded by Smith, to approve the Resolution Providing Local
Approval for a Project to be Financed by the City of Minneapolis through a Joint Powers
Agreement with Hennepin County and the Hennepin County Redevelopment Authority.
Motion passed unanimously.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Ben Benson advised that the Commission would be meeting the
following night to discuss the issue of park signs, which he believed was almost
complete, as well as the issue of field house recognition and a maintenance plan for the
Tomann property.
C. Planning Commission
City Planner Finke stated that the Planning Commission finished their review of the
mixed use zoning district and recommends approval of that ordinance, which would be
reviewed by the City Council at a meeting during the month of December, and briefly
summarized the discussion points of the Planning Commission.
VIII. OLD BUSINESS
A. Kucala Driveway Waiver
Finke explained that the amendment to the driveway width ordinance had been
approved through the consent agenda tonight and had previously been discussed at
more than one Council meeting recently. He explained that the driveway waiver request
from Mr. Kucala had been received prior to that discussion and advised that the Council
would now need to make a decision whether to approve or deny that request. He briefly
summarized the history of this driveway width request for the Council, including the
original as -built plan review showing the note from staff stating that the driveway width
would need to be reduced. He stated that the site otherwise conforms to the City
ordinances and the Bridgewater PUD, with the exception of the driveway width. He then
noted the other out of compliance driveways within the Bridgewater development, which
exceed the new driveway regulations and noted that only 3 of the violations occurred
after 2007, when the as -built review was added. He stated that during the previous
Council meeting the consensus was that all out of compliance driveways would need to
come into compliance with the new regulations to gain as -built approval, and advised
that staff recommends denial of the request.
Medina City Council Meeting Minutes
November 17, 2009
340
Crosby confirmed that the new regulations expand the previous driveway width of 22
feet to 24 feet at the curb and 28 feet at the property line. He questioned how the two
other properties were identified by staff and separated from the other out of compliance
properties.
Finke advised that the home in question tonight along with two others had been built
after 2007 and were subject to as -built review.
Mr. Kucala thanked the Council for their consideration tonight. He explained that the
builder had been informed of the driveway width limit but did not pass that information to
him, as he was left in charge of the driveway construction. He stated that the family
required a four -car garage as the Bridgewater community does not allow for routine
parking of vehicles in the driveway and there are four licensed drivers in his home. He
stated that the survey provided to him from his builder included a 30-foot wide driveway
but did not include the comments made by staff. He questioned why the ordinance does
not make additional allowances for larger garages, as the same width is allowed for a
one -car garage as for a four -car garage. He stated that he felt that it would be a safety
issue to remove an additional portion of his driveway as he does have a four -car garage.
He commented that his driveway also has less impervious surface than allowed by code,
even with the additional width. He advised that his lot is one of the largest in
Bridgewater and believed that his property would qualify for a circle driveway, which
would actually have a combined width of 34 feet, and would be larger than the existing
driveway. He requested a waiver to the code.
Crosby commented that in this case the City did a fairly substantial review of the issue
and developed a new standard in regard to the regulations. He did not think that the
City could be responsible for lack of communication between the property owner and his
builder and stated that he felt that the Council should follow the staff recommendation to
deny the request and agree that the property should come into compliance.
Johnson confirmed that the conformance to the ordinance would not render the four -car
garage unusable.
Finke stated that two feet of the driveway would need to be removed at the curb, most
likely on the right side of the driveway, which would then taper in until it meets the
existing driveway, and would then aesthetically match the other side.
Mr. Kucala thanked the City Council and staff for the large amount of work and research
that was involved in this issue, but commented that other cities are often more lenient in
regard to approval of requests for waivers.
Johnson stated that while he empathized with the property owner he also recognized
that if the request was approved the door for exceptions would be opened and it would
be difficult to enforce the agreed upon regulations.
Moved by Johnson, seconded by Smith, to deny the driveway waiver request at 4517
Trillium Drive South to allow the 30.07 foot in width driveway to remain. Motion passed
unanimously.
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November 17, 2009
341
IX. NEW BUSINESS
A. Resolution Adopting the City of Medina 2030 Comprehensive Plan
Adams advised that the comments from the Met Council had been included with the
plan for adoption.
Moved by Johnson, seconded by Smith, to approve the resolution adopting the City of
Medina 2030 Comprehensive Plan. Motion passed unanimously.
B. Resolution Supporting a Minnesota Board of Water and Soil Resources
Clean Water Fund Grant Application for the Loretto Storm Water Treatment
Wetland
Adams provided background information to the Council and explained that this request
was in regard to City support for a grant application for the Loretto storm water
treatment wetland which would reduce phosphorous loading to Lake Sarah related to
Medina's storm water runoff. He advised that if the project were to move forward, funds
may most likely be borrowed from the Environmental Fund and ultimately paid through
the City's Storm Water Utility.
Moved by Smith, seconded by Johnson, to approve the resolution supporting a
Minnesota Board of Water and Soil Resources fund grant application for the Loretto
storm water treatment wetland. Motion passed unanimously.
C. Financial Management Policies
Adams advised that City staff and the Council have been working on the proposed
financial management policy for quite some time and explained that while some policies
had already been implemented, others would be implemented in the future. He advised
of some small grammatical and technical changes that would be made to the document.
Moved by Smith, seconded by Siitari, to approve the Financial Management Policies.
Motion passed unanimously.
X. CITY ADMINISTRATOR REPORT
A. Deferred Assessment — Annual Notices and Payment Program
Adams explained that this program would provide flexibility for staff to work with
residents in terms of a payment program for different types of fees and City services,
such as deferred assessments.
Crosby questioned if staff would be able to reduce the total amount due through this
program.
Adams advised that this would provide staff flexibility in regard to providing a payment
plan but would not allow staff, or give staff the authorization, to change the total amount
due of the resident.
Day advised that language had been included explaining that the total amount of a
deferred assessment would still be due.
Smith thanked staff for their quick work in regard to this issue.
Medina City Council Meeting Minutes
November 17, 2009
342
Moved by Smith, seconded by Siitari, to approve the Payment Plan Program. Motion
passed unanimously.
B. Schedule Special Meeting for December 1. 2009
Adams advised of the items on the agenda for the December 1, 2009 Council meeting
and questioned if the Council would like to hold a special meeting at 6:00 p.m. to
discuss the mixed use zoning district.
Moved by Smith, seconded by Siitari, to schedule a Special City Council meeting at 6:00
p.m. on December 1, 2009 at City Hall. Motion passed unanimously.
XI. MAYOR & CITY COUNCIL REPORTS
Crosby stated that he would be out of town on December 3rd and would not be present
at the City Holiday event. He stated that he believed another City Council tour of
businesses should occur in the beginning of 2010.
Smith stated that she received a resident phone call stating that her daughter and a
friend would like to help the City promote organic recycling. She advised that she met
with the residents to discuss their proposed plan and summarized that plan for the
Council. She stated that they are now attempting to receive grant funds through
Hennepin County and that she was very impressed with the amount of work and
dedication that these two eighth, or ninth, grade students have contributed. She hoped
that the Council would support those efforts.
XII. APPROVAL TO PAY THE BILLS
Moved by Smith, seconded by Siitari, to approve the bills, EFT 000600-000608 for
$27,208.08 and order check numbers 034741-034798 for $91, 716.29, and payroll
checks 020219-020220 for $408.72, and payroll EFT 502404-502433 for $42,321.23.
Motion passed unanimously.
XIII. ADJOURN
Moved by Smith, seconded by Johnson, to adjourn the meeting at 8:29 p.m. Motion
passed unanimously.
CtzA
T.M. Crosby, Jr., Mayor
Attest:
t,y1 Qv/.
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
November 17, 2009
343
0
0
ORDER CHECKS October 30.2009 - November 12.2009
034741 SPRINT/NEXTEL $984.18
034742 PROJECT ONE added previous mtg
034743 CENTRAL STATES SIGN & $12,736.50
034744 GLENWOOD INGLEWOOD $108.14
034745 PLYMOUTH, CITY OF $615.97
034746 OFFICE OF CHILD SUPPORT $240.00
034747 CULLIGAN-METRO $32.38
034748 NAPA AUTO PART $457.68
034749 ADAMS PEST CONTROL INC $105.81
034750 ARISTIDES, ARI $25.64
034751 ASSURANT $534.19
034752 BAILEY NURSERIES, INC $550.14
034753 BATTERIES PLUS $42.19
034754 CENTERPOINT ENERGY $230.27
034755 CIPHER LABORATORIES INC $1,513.67
034756 DOBOS $288.55
034757 DOBOSZENSKI & SONS, INC. $342.45
034758 ELAN FINANCIAL SERVICE $358.36
034759 EULL'S MANUFACTURING CO $321.91
034760 FRONTIER $57.28
034761 GALL'S, INC. $39.51
034762 GARYS DIESEL SERVICE INC $2,529.27
034763 GOPHER STATE ONE CALL INC $306.25
034764 H & L MESABI COMPANY $3,349.46
034765 HAMEL BUILDING CENTER $179.64
034766 HAWKINS INC. $3,642.59
034767 HENN COOPERATIVE SEED $289.58
034768 HONEST AUTO LLC $512.36
034769 HOSTINGMINNESOTA.COM $17.98
034770 KELLYS WRECKER SERVICE INC $77.48
034771 LEAGUE OF MN CITIES $250.00
034772 LORETTO TOWING $226.57
034773 MAPLE PLAIN, CITY OF $998.80
034774 MEDIACOM OF MN LLC $46.95
034775 MET COUNCIL (SAC) $9,980.00
034776 MET COUNCIL ENVIRO $17,863.11
034777 MN HWY SAFETY & RESEARCH $1,317.00
034778 MOTHERS MOTORS/LORETTO $100.00
034779 NELSON ELECTRIC MOTOR $9,856.00
034780 NORTHWEST ASSOC $797.90
034781 OFFICE DEPOT $32.15
034782 OFFICE OF ENTERPRISE TECH $10.00
034783 ORONO, CITY OF $3,652.94
034784 PRUDENTIAL INSURANCE CO. $580.72
034785 QWEST $593.33
034786 RUSSELL SECURITY $489.84
034787 SCHARBER & SONS, INC $155.44
034788 SCHERER MEATS $180.00
034789 STREICHERS INC $647.15
034790 SUBURBAN TIRE WHOLESALE $472.05
034791 SUN PRESS & NEWSPAPERS $103.32
034792 TALLEN & BAERTSCHI $4,806.71
034793 TIME SAVER OFFSITE SEC $313.75
034794 T-MOBILE $32.11
034795 TOLL GAS & WELDING SUPPLY $10.20
034796 TWIN CITY STRIPING $2,245.92
034797 WESTSIDE WHOLESALE TIRE $521.85
034798 XCEL ENERGY(P0B9477) $4.943.05
Total Order Checks 391,716.29
E-CHECKS October 30.2009 - November 12.2009
000600E ACCLAIM BENEFITS LLC $719.54
000601E FARMERS STATE BANK OF $67.50
000602E PR PERA $10,400.22
000603E PR FED/FICA $10,975.05
000604E PR MN Deferred Comp $990.00
Medina City Council Meeting Minutes
November 17, 2009
344
000605E PR STATE OF MINNESOTA $2,429.11
000606E CITY OF MEDINA $20.00
000607E FARMERS STATE BANK OF $20.00
000608E ACCLAIM BENEFITS LLC $1.586.66
Total Order Checks $27,208.08
PAYROLL CHECKS
020219 JOHNSON, DANIEL $230.87
020220 VINCK, JOHN J. $177.85
Total Payroll Checks $408.72
PAYROLL DIRECT DEPOSIT October 30.2009 — November 12.2009
502404 SIITARI, MIKE $190.87
502405 ADAMS, CHAD M. $2,764.71
502406 BARNHART, ERIN $1,379.00
502407 BELLAND, EDGAR J. $2,504.66
502408 BOECKER, KEVIN D. $1,811.98
502409 CONVERSE, KEITH A. $1,799.22
502410 CROSBY, THOMAS M. JR $327.07
502411 DAY, JEANNE M $1,989.06
502412 DINGMANN, IVAN W $1,724.63
502413 DOMINO, CHARMANE $1,508.17
502414 DRESSEL, ROBERT P. $1,447.71
502415 FINKE, DUSTIN D $1,807.45
502416 GALLUP, JODI M $1,375.06
502417 GREGORY, THOMAS $1,928.06
502418 HALL, DAVID M. $1,756.04
502419 JESSEN, JEREMIAH S $1,361.38
502420 KLAERS GROTHE, ANNE M. $582.66
502421 LANE, LINDA $1,287.09
502422 LEUER, GREGORY J. $1,697.94
502423 MAROHNIC, NICHOLAS $530.31
502424 MCGILL, CHRISTOPHER R. $1,576.97
502425 NELSON, JASON $1,966.80
502426 PETERSON-DUFRESNE, DEBRA $1,245.92
502427 PORTINEN, TERI $1,272.91
502428 REINKING, DEREK M $1,273.71
502429 SCHERER, STEVEN T. $1,833.11
502430 SMITH, CAROLYN A. $230.87
'502431 VIEAU, CECILIA M. $1,100.34
502432 VINCK, JOHN J. $1,816.66
502433 WEIR, ELIZABETH V. $230.87
Total Payroll Direct $42,321.23
Medina City Council Meeting Minutes
November 17, 2009