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HomeMy Public PortalAbout12/06/05 CCM361 0 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 6, 2005 The City Council of Medina, Minnesota met in regular session on December 6, 2005 at 7:00 p.m. in the Hamel Community Building. Mayor Workman presided. I. ROLL CALL Members present: Brinkman, Cavanaugh, Smith, Weir, and Workman. Members absent: None. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Public Works Director Jim Dillman, 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 It was requested to add City Prosecuting Attorney DWI Case to New Business, item D. III. APPROVAL A. Approval of the November 15, 2005 Regular City Council Meeting Minutes It was noted on page 3, the 12th paragraph, it should state: "Weir stated ... viable for suitable soils to consider future subdivisions." It was noted on page 3, the 12th paragraph, it should state: "She added they could aeeept except...." It was noted on page 4, the 1st paragraph, it should state: "Weir stated ... but they farmers need to have soil understand the impact of soil alteration on subdivisions...." It was noted on page 4, the 7th paragraph, it should state: "The Na#ufal Soil Conservation Sesiety District...." It was noted on page 4, the 8th paragraph, it should state: "Weir ... proposed...." It was noted on page 4, the 8th paragraph, it should state: "Leuer... dully...." It was noted on page 5, the 1st paragraph, it should state: "The doh gully is two...." It was noted on page 6, the 9th paragraph, it should state: "He added...government fellews needs to respond." It was noted on page 6, the 9th paragraph, it should be added: "Cavanaugh stated these costs should be pushed down to the developer." Moved by Weir, seconded by Cavanaugh, to approve the November 15, 2005 regular City Council meeting minutes as amended. Motion passed unanimously. Medina City Council Meeting Minutes December 6, 2005 362 IV. CONSENT AGENDA A. Approve Raffle Permit for District 284 Youth Hockey Association at Medina Entertainment Center on February 12, 2006 B. Authorize Bingo Activity for District 284 Youth Hockey Association at Medina Entertainment Center on February 12, 2006 C. Accept Donation of $200 from Friends of Wolsfeld Woods for 2006 Medina Preservation Day D. Approve First Amendment to Contract for Private Development — Ryan Companies E. Approve Lease Agreement with Hennepin County Pertaining to Election Equipment F. Ordinance Amending Section 415 of the Code of Ordinances Regarding the Regulation of Truck Traffic G. Resolution Authorizing Publication of Ordinance Amendment of Section 415 by Title and Summary H. Approve First Amendment to Declaration of Covenants for a Private Road 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 Gerald Johnson, 2445 Morningside Road, stated he would like to raise awareness regarding the Keller Estates project. The base material for road was placed in the rain and was never staked, no rooftop was installed, it was not graded, and when it froze it ended up too high. Blacktop was then put on the part that was frozen. He asked if there are any inspection procedures in place. Dillman replied the workers did try to blacktop it although the development agreement states they are supposed to put down a gravel base first. They also ran trucks down Momingside Road. The City will probably assume responsibility for the road in four to five years. He added inspectors have been out several times. Workman requested the file be noted regarding the above. Kellogg replied it will be documented. B. Park Commission Dillman stated at the next meeting two vendors that supply playground equipment will be making proposals, and then the meeting will be turned over to Lorsung to discuss open space. Lorsung replied they will concentrate on the area to the north of Highway 55. �. Planning Commission Lorsung stated the next meeting will start at 6:00 p.m. to continue the wetland protection ordinance public hearing, to continue the sign ordinance public hearing, and to discuss the erosion control ordinance and the grading ordinance. The next City Council meeting will encompass Leawood Farms, two new preliminary/final plat applications, and the site plan for the Dairy Queen development site. Medina City Council Meeting Minutes December 6, 2005 363 o Workman asked if any Commissioner terms expire in December. Lorsung replied yes, three. Adams replied they have already been advertised for with a deadline of December 16. Applications will then be screened for qualifications by a committee of staff, Council and commission representative. Workman asked when decisions will be made. Adams replied the Council typically appoints at the first meeting in January. Workman asked if any current Commissioners are eligible for reappointment. Adams replied yes, all on both the Park and Planning Commissions. VII. OLD BUSINESS There was none. VIII. NEW BUSINESS A. Hamel Water System — User Rates and Connection Fees Adams replied he and Dillman have been meeting with Ehlers & Associates; however, there is still a significant amount of data not incorporated into the analysis. He noted from a modeling standpoint, one has a comp plan growth model and the other is altemative faster growth. Connection fees, possibly increasing user fees, and possibly reducing sewer connection fees will be discussed. He requested this item be moved to the December 20 Council meeting. Workman stated he would like to pursue a conversation with the cities of Loretto and Corcoran to get higher usage. He added the City of Loretto wanted a water plant but could not afford it. Adams replied the City of Loretto is moving forward with an underground pressure system. Belland stated the City of Loretto approved a storage tank but the lift station or pump came in significantly higher and they are currently re -advertising for bids. Adams stated if developments are brought in too fast they are going to need more wells or water treatment plants. A. Preliminary/Final Plat Approval for Leawood Farm, 2nd Addition Lorsung stated the applicant purchased three of the lots and wants to do a realignment because there are topographical issues and to find the best site for a primary residence house and horse barn; Lots 6 and 7 will become Lots 1 and 2. Septic conditions are a condition of approval. There will be a vacation of associated drain and utility easements. The construction project will start with Lot 2 and the house built on Lot 1. Smith arrived at 7:16 p.m. Smith asked about setbacks from wetlands for manure storage and if there are any DNR protected wetlands. Lorsung replied conservation easements were worked on previously. She added the structure is being built with a 150-foot setback. Medina City Council Meeting Minutes December 6, 2005 364 Smith stated if any wetlands are DNR protected there is a state law mandated setback, which she believes is 150 feet. She added this needs to be figured out before the land is divided. Lorsung replied they do not have wetland setbacks except for sewer. She added the only plat item the DNR regulates is property with shore land overlay. Weir stated the wetlands to the west are very sensitive. She added the plan easily meets the setback requirements Smith is referring to. She asked about manure management. Lorsung replied at this time they only have a few animals but a condition of approval could be added that they need to meet all setbacks. Batty stated if there is a DNR protected wetland law the setback is going to apply whether Council approves it or not, so hopefully the applicant has checked into it. He added the manure site needs to be far enough way so no future subdivisions are necessary. Smith stated DNR protected wetlands should be identified for the future. Lorsung replied with the new wetland protection ordinance all wetlands will be classified and delineated. She explained the five classifications. Lorsung replied the plan meets the five -acre contiguous suitable soils condition. She added three agreements need to be reviewed including private covenants, Lots 1 and 2 accesses, and the driveway agreement. Other conditions of approval are permits for construction, driveway, and easements. She added the project was just platted recently. Weir asked the applicant how many animals she perceives keeping on the property. Francis Graham replied while she is still in the preliminary stage she has had extensive discussion about this issue but does not have a specific plan. She added she understands she will need to have manure hauled out or placed in containers. She noted the intention is to make sure wetlands are protected to the full extent, which is why she is re -platting and has been working with Betsy Gilkerson. Cavanaugh asked how many animals she plans on having. Ms. Graham replied she currently has four and as they age she will probably add a few younger animals. She added it needs to be personal and practical. Cavanaugh requested the ordinance pertaining to livestock be reviewed because this could become a City problem in the future. He added he does not believe four animals are unreasonable. Lorsung replied the City does not regulate the number of animals per acre. Smith stated applicants have to be honest if the property will be commercial, in other words, if they store other peoples' horses on the property it is commercial. Lorsung stated Council is reviewing the applicant's final plat this evening. She added Staff is looking to approve the plat with the conditions noted in the Staff report. Smith requested the manure management plan with Betsy Gilkerson be added as a condition. She added this should be added for anyone who has a barn. Lorsung replied she would provide this information to the applicant. Medina City Council Meeting Minutes December 6, 2005 365 Brinkman asked if the drainage and easements between Lots 6 and 7 is because this is where the lots are joined. Dillman replied correct, it is standard. Moved by Weir, seconded by Smith, to authorize staff to prepare the resolutions for preliminary/final plat for Leawood Farm, 2nd Addition with the nine conditions. Motion passed unanimously. C. 2006 Budget Discussion Adams stated this item was put on the agenda in case it was needed as a carry-over from last night. Budget discussion on December 20 will include water and sewer rates and budgets, adopting the levy, all fees, and Staff wages. Workman stated although he was not in attendance at the meeting last night, he is not comfortable with any increase in the budget beyond what the City revenue will support. D. City Prosecuting Attorney DWI Case Steve Tallen, City Prosecuting Attorney, stated Council might want to move this item to closed session because there are some policy issues that need to be decided. He noted there are four levels of drunk driving and this case pertains to a woman with a third offense. The woman was arrested for drunk driving by Medina police in January, by Wayzata police in August, and again by Medina police in September. The Wayzata arrest caused her license to be revoked; however, due to back cases, the defense asked and got a judge to temporarily reinstate her license. She was driving legally when she was arrested in Medina in September; therefore, the defense made a motion that the judge allowed her to drive so the Wayzata case should not count. This would then make the Medina September arrest a second, not third, offense. This is significant for the defendant because if convicted for a third offense the minimum is 90 days in jail, but if it is a second offense it is 30 days in jail. Brinkman asked if there is a fine. Tallen replied the fine for either a second or third offense is up to $900 but very few pay this amount. There usually is forfeiture; however, there is no equity in her vehicle. Workman asked if there was a concern about precedence being set. Tallen replied he thinks the judge was wrong and he asked if the City wants to fight it. He added the down side is that the City pays for its' lawyer and her lawyer. Smith asked for clarification that she drove drunk three times. Tallen replied yes, allegedly. Batty requested this be moved to closed session for further discussion. IX. CITY ADMINISTRATOR REPORT A. National Incident Management System Training Belland stated it is government mandated that everyone attend the NIMS class, which is set for December 14 from 9:00 a.m. to 11:30 a.m. He added if anyone cannot attend the class can be taken online through FEMA. Medina City Council Meeting Minutes December 6, 2005 366 Moved by Smith, seconded by Brinkman, to hold the National Incident Management System Training on December 14, 2005 from 9:00 a.m. to 11:30 a.m. at the Hamel Community Building. Motion passed unanimously. B. Upcoming Work Session(s) Workman asked about needed upcoming work sessions. Adams suggested the annual retreat again in February and a special meeting in January with Independence to discuss Lake Independence and the watershed plans. He asked if Council should meet at 6:00 p.m. on December 20 due to a heavy agenda, to discuss items including the 2006 budget, personal policies, and water/sewer rates. Moved by Smith, seconded by Weir, to meet at 6:00 p.m. on December 20, 2005. Motion passed unanimously. X. MAYOR & CITY COUNCIL REPORTS Weir stated a bluff protection ordinance was discussed at the Moratorium meeting. There is a significant bluff in Uptown Hamel where a developer would like to take down the trees to advertise to Highway 55 but they need to be protected. She asked if it would be appropriate to have Staff develop a bluff protection ordinance. Workman directed Staff to look into this. Weir suggested storyteller Bob Gasch make a history presentation for Preservation Day. Weir requested Cavanaugh be a part of the January 28`" Uptown Hamel sliding party. Cavanaugh agreed. Brinkman stated he has been studying community residential lighting ordinances and has received packets from those who have an ordinance. He asked about including discussion regarding this item with the moratorium and maybe establishing a residential lighting ordinance. Weir asked if Council wants to put this in the moratorium or save it until the comp plan is rewritten. Smith stated she does not think it can be saved until the comp plan is rewritten. Workman replied this should be a separate issue from the moratorium. Smith requested the Staff analysis chart be a part of the 2006 budget presentation at the next Council meeting. She also suggested information be provided in the future that includes population increase, the last time Staff was added with the exception of the police department, the increase in police calls, and miles of road the City needs to maintain. She added people think the City is still a small town. Adams replied he will provide the staff needs analysis exhibit in the next Council packet. XI. APPROVAL TO PAY THE BILLS Moved by Smith, seconded by Weir, to approve the bills, order check numbers 028694- 028761 for $767, 731.47, and payroll check numbers 019596-019623 for $29,616.38. Motion passed unanimously. Council recessed to closed session at 8:04 p.m. Medina City Council Meeting Minutes December 6, 2005 367 XII. CLOSED SESSION A. City Prosecuting Attorney DWI Case — Attorney/Client Privilege Council reconvened the meeting at 8:42 p.m. XIII. ADJOURN Moved by Weir, seconded by Smith, to adjourn the meeting at 8:43 p.m. Motion passed unanimously. Attest: /1_/( 4-6.__y Bruce D. Workman, Mayor Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes December 6, 2005 368 THIS PAGE LEFT BLANK INTENTIONALLY Medina City Council Meeting Minutes December 6, 2005 369 ORDER CHECKS - DECEMBER 6, 2005 028694 STAR WEST $4,870.18 028695 A.T.& T $83.70 028696 ALLEGRA PRINT & IMAGING $1,159.79 028697 ALLSTAR ELECTRIC $1,591.28 028698 AMERIPRIDE LINEN & APPAREL SVC $98.25 028699 ANDERSEN, EARL F $1,302.37 028700 AWWA $263.00 028701 BELLOWS, MAUREEN STEELE ARCHIT $7,306.43 028702 BONESTROO, ROSENE, ANDERLIK $105,241.02 028703 BUDGET PRINTING $39.88 028704 BUFFALO BITUNIINOUS $146,613.54 028705 CARQUEST AUTO PARTS $210.32 028706 CENTERPOINT ENERGY $332.81 028707 CLASSIC CLEANING $399.38 028708 CUDD, CHARLES $2,276.29 028709 DINGMANN, IVAN $80.00 028710 EHLERS & ASSOC. $175.00 028711 ELECTRON HERDERS $1,064.63 028712 ERICKSON, ROLF ENT., INC $5,360.63 028713 EXXONMOBIL $484.95 028714 G. L. CONTRACTING $328,732.00 028715 GARY'S DIESEL SERVICE $3,557.29 028716 GOPHER STATE ONE CALL $474.05 028717 GRAINGER $148.95 028718 HAWKINS INC. $2,019.24 028719 HIGHWAY 55 RENTAL $29.82 028720 IMS MINNESOTA $367.00 028721 KD & COMPANY $14,561.81 028722 KENNEDY & GRAVEN $31,792.46 028723 KVANBEK, BRAD $716.95 028724 LAKE BUSINESS SUPPLY $171.53 028725 LAND TITLE $3,323.76 028726 LANDFORM $6,662.28 028727 LANGUAGE LINE $75.00 028728 LAW ENFORCEMENT LABOR SERVICES $259.00 028729 LAWSON PRODUCTS, INC $113.98 028730 MCFARLAND CONSTRUCTION $60,538.75 028731 MEDIACOM $79.95 028732 MEDICA $253.95 028733 MEDICA CHOICE $14,168.92 028734 METROCALL $27.75 028735 MIKE'S FIX -IT $20.00 028736 MINNESOTA CONWAY $66.23 028737 MINNESOTA DEPT. OF HEALTH $1,288.00 028738 MSANI $50.00 028739 NELSON, JASON $63.05 028740 NEXTEL COMM[JNICATIONS $632.44 028741 NORTHWEST SUBURBAN CHAMBER $40.00 028742 OIL AIR PRODUCTS $186.47 028743 PRESS & NEWS PUBLICATIONS $1,400.28 370 ORDER CHECKS - DECEMBER 6, 2005 (CONT'D) 028744 PRUDENTIAL INSURANCE CO. OF AM $247.98 028745 QWEST $693.08 028746 RANDY'S SANITATION $124.50 028747 SEASONS VIEW WINDO & DOOR INC $1,843.00 028748 SHRED RIGHT $146.76 028749 ST. CLOUD STATE UNIV $810.00 028750 STREICHER'S $621.39 028751 SUNBURST LAWN & SNOW $2,130.00 028752 TIME SAVER OFF SITE SEC. $390.50 028753 TWIN CITY STRIPING $951.44 028754 TWIN CITY WATER CLINIC $45.00 028755 U.S. POSTAL SERVICE $500.00 028756 UNION SECURITY INS. CO. $396.23 028757 VERIZON WIRELESS $13.35 028758 WESTSIDE WHOLESALE TIRE $2,270.90 028759 WRIGHT-HENNEPIN ELECTRIC $1,266.05 028760 XCEL ENERGY $4,483.75 028761 XEROX CORPORATION $23.18 $767,731.47 PAYROLL CHECKS - NOVEMBER 28, 2005 019596 WORKMAN, BRUCE $207.79 019597 SMITH, CAROLYN A. $138.52 019598 BRINKMAN, RANDY $138.52 019599 ADAMS, CHAD M. $1,922.44 019600 SCHERER, STEVEN T. $1,419.28 019601 MCGILL, CHRISTOPHER R. $1,870.28 019602 HALL, DAVID M. $1,375.51 019603 SKREEN, FRED $100.51 019604 DILLMAN, JAMES D $1,839.05 019605 DRESSEL, ROBERT P. $1,230.87 019606 BELLAND, EDGAR J $2,231.89 019607 CONVERSE, KEITH A $1,180.27 019608 VIEAU, CECILIA M $1,038.45 019609 DINGMANN, IVAN W $1,405.43 019610 SULANDER, LAURA L. $1,186.65 019611 LARSON, SANDRA L $1,221.59 019612 BOECKER, KEVIN D $1,539.11 019613 CAVANAUGH, JOSEPH $138.52 019614 WEIR, ELIZABETH V. $138.52 019615 GREGORY, THOMAS $1,407.73 019616 LORSUNG, ROSE A $1,171.59 019617 NELSON, JASON $1,764.66 019618 THUL, JEFFREY P. $1,481.02 019619 KLISZCZ, DAVID A. $442.56 019620 VINCK, JOHN J. $1,101.57 019621 FINKS, DUSTIN D. $376.77 019622 MAROHNIC, NICHOLAS $431.21 019623 OLSON, JANET $1,116.07 $29,616.38