HomeMy Public PortalAbout12/16/03 CCM291
MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 16, 2003
The City Council of Medina, Minnesota met in regular session on December 16, 2003 at
7:30 p.m. in the City Hall Chambers. Acting Mayor Lane presided.
I. ROLL CALL
Members Present: Workman, Lane, Smith and Brinkman
Members Absent: Mayor Zietlow
Also Present: City Attorney Ron Batty, Public Works Director Jim Dillman, City
Engineer Tom Kellogg, Planning and Zoning Administrator Loren Kohnen, Police Chief
Ed Belland, City Administrator Chad Adams and Recording Secretary Jennifer Hennes.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
Adams requested to add an item for "Sick Leave Policy" as item VIII.J.
Moved by Smith, seconded by Brinkman, to approve the agenda as presented. Motion
passed unanimously.
IV. APPROVAL
A. Approval of the December 1, 2003 Truth in Taxation Hearing Minutes
Moved by Smith, seconded by Brinkman to approve the December 1, 2003 Truth in
Taxation Hearing Meeting Minutes as presented. Motion passed unanimously.
B. Approval of the December 2, 2003 Regular Citv Council Meeting Minutes
It was noted on page 3, paragraph 16, should state: "...maintained by each homeowner
is an option."
It was noted on page 5, paragraph 2, should state: "...inquired about commercial land
up to CSAH 116..."
Moved by Smith, seconded by Brinkman, to approve the December 2, 2003 Regular City
Council Meeting Minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approval of 2004 Tobacco Licenses
The approval of 2004 Tobacco Licenses was pulled from consent agenda for discussion.
Moved by Smith, seconded by Brinkman to approve the consent agenda as presented.
Motion passed unanimously.
Adams stated Olson's Mercantile would be changing their name to Little Jacks Corner.
Smith inquired if there have been any violations. Belland stated there have been two
violations that are still pending.
Workman arrived 7:40 p.m.
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December 16, 2003
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It was noted they are innocent until proven guilty and these owners have not gone to
court yet. Belland stated they would be facing the same fine as the liquor establishment
for sale to a minor.
Batty said this renewal is a yearly update. He noted after the court hearing if they are
found guilty the Council can decide to revoke their license.
Smith stated she would like a brief history of any violations each time these renewals
come before the Council.
Moved by Smith, seconded by Brinkman to approve the consent agenda as presented.
Motion passed unanimously.
VI. COMMENTS
A. Comments from Citizens on items not on the Agenda
There were none.
B. Park Commission
Adams stated there meeting is scheduled for December 17, 2003.
C. Planning Commission
Kohnen stated there is one variance on the agenda and the meeting is scheduled for
January 13, 2004.
VII. OLD BUSINESS
A. Laurent Land Development Company, 60 Evergreen Road —13 Lot
Subdivision
Kohnen stated this item was tabled until the December 16, 2003 meeting. He noted
items desiring more review/feedback include appropriate park dedication fee, 50' ROW
vs. 60' ROW, outlot vs. easement (Staff is recommending easement) and 60-day
extension; the City has provided notice to the developer extending 60 days.
Kohnen stated the ROW has been changed to 60' and the developers have moved the
houses back by five feet. Kellogg stated there is verbal approval from Met Council for
connection for the sewer with a cost estimate of $25,000. He stated the Met Council
would ask the City to pay the cost and he noted passing this cost on to the developer. It
was noted this would eliminate the need for a lift station.
Gary Laurent stated he would like to retain ownership of the outlot and run water and
sewer up to this area.
Discussion was held regarding the driveway access to Theis' property. Batty suggested
granting an easement to the City.
Kellogg stated the Met Council would also like to see the sewer and water up to the
Theis' property. Kellogg stated if the gravity sewer were to be pursued there would need
to be another 10-foot easement on two other lots. He also noted the Met Council has
acquired other easements in this development.
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December 16, 2003
293
Moved by Workman seconded by Smith to direct Staff to prepare a resolution for
preliminary plat approval, with the conditions stated. Motion passed unanimously.
Adams presented information regarding the park dedication fees for this development.
Discussion was held regarding a credit for one park dedication fee for the existing home.
Laurent stated hooking up to the Met Council would still incur costs. He noted he would
like to see grinder pumps put into each home. He noted they do not own the parcel that
has the existing home. Lane inquired if lot one was hooked up to sewer and water.
Kellogg stated it is.
VIII. NEW BUSINESS
A. 2004 Budget
1. Subsequent Hearing — Resolution Approving 2003 Tax Levy,
Collectable in 2004
Moved by Smith, seconded by Brinkman to open a public hearing to adopt a resolution
approving 2003 Tax Levy collectable in 2004. Motion passed unanimously.
Acting Mayor Lane opened the public hearing at 8:08 p.m.
Adams presented information regarding the 2003 tax levy, collectable in 2004.
Moved by Smith, seconded by Brinkman to close the public hearing at 8:10 p.m.
Moved by Workman, seconded by Smith to adopt Resolution No. 03-40 Approving 2003
Tax Levy, Collectable in 2004. Motion passed unanimously.
2. Resolution Approving 2004 Final Budget
Adams stated in the past the Council has not typically approved the entire 2004 budget
as part of a resolution but he suggests approving the budget by resolution for official
record. He noted the 2004 budget incorporates a 3% wage cost of living adjustment for
non -union employees, and a 5% increase for two new employees, subject to
probationary review. It was noted this would also accept the 2004 CIP, with final
approval of significant capital purchases occurring upon Council approval.
Smith suggested adding wording regarding the reason for the transfer to the footnote
stating "to be used to meet the budgeted expenditures".
Workman inquired about showing the offset in the revenue column or having the
footnote state the dollar amount of the transfer.
Moved by Workman, seconded by Smith to adopt Resolution No. 03-41 Approving 2004
Final Budget with amendments. Motion passed unanimously.
B. Preliminary Plat Approval for Medina Business Suites
Adams stated at the December 2, 2003 Council meeting, the Council authorized Staff to
prepare the resolution, subject to determination of park dedication fee. He stated the
revised park dedication fee is included in the resolution. He stated it should still state
approval is contingent upon the park dedication fee being established by City assessor.
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December 16, 2003
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Batty stated establishing the land value can be complicated. He noted Adams would try
to get more clarification from the assessor.
Moved by Workman, seconded by Smith to adopt Resolution No. 03-42 Granting
preliminary plat approval for Medina Business Suites contingent upon Park Dedication
Fee being established by Staff. Motion passed unanimously.
C. Uptown Hamel and Highway 55 Corridor Development
1. Acceptance of Short Elliot Hendrickson Inc. (SEH) proposal for
professional services for TIF Eligibility Inspection Services
Adams presented the original proposal from S E H of which Staff is recommending for
approval. He stated Staff, with the assistance of Ehlers & Associates, determined that
S E H had the best proposal based on qualifications, experience and cost. Adams
stated S E H is forwarding a revised proposal with new costs because the City has
decreased the number of parcels for initial site coverage inspection. He noted the
estimated cost would be $26,000.00. He also noted the costs of the proposal will initially
be funded by the developers', Ryan Co. and Farr Development escrow/deposits. He
stated the costs could be included within the TIF District, as increment occurs, if the
district is approved.
Smith inquired if the developer north of 55 pulls out would the City still have the district.
It was noted the City could still have the district. Discussion was held regarding the bid.
It was noted the City has asked SEH to do site coverage first and if area qualifies for a
district they will then look into the existing buildings.
Moved by Smith, seconded by Brinkman to approve proposal from S E H with cost not to
exceed $26,000. Motion passed unanimously.
2. Approval of proposed Tax Increment Financing (TIF) District for site
coverage and future building condition inspections
Adams presented a map including the preliminary recommended area for S E H to
review for site coverage. He stated Staff has advised S E H to first review the site
coverage for qualification, rather than doing the site coverage and building coverage test
at the same time. He stated Council could decide to add or alter the boundary if
qualification occurs. Batty noted parcels representing 70% of the area must have
structures, buildings, etc. on them for site coverage. At least 50% of the buildings must
be "substandard."
Workman stated there was a misunderstanding at the Planning Commission meeting
regarding TIF and wanted to clarify no money for this is coming from the community.
Moved by Workman, seconded by Brinkman to approve the proposed map. Motion
passed unanimously.
3. Communication Plan and Budget
Adams stated as part of the ongoing consultation with Ehlers and Associates, a
communication plan is being prepared for the Uptown HameV Highway 55 corridor
development. He stated the plan addresses a future open meeting and communications
regarding the project. He stated the plan should not cost more than $3,500, and will be
funded through the developers' escrow/deposits. He noted an "open meeting" would be
scheduled for the end of January.
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Lane inquired about an escrow fund at this point. Adams presented the dollar amount
currently escrowed from each of the developers. He noted they would probably have to
ask for more money in the escrow.
Moved by Workman, seconded by Brinkman to approve the $3,500 communication
budget plan. Motion passed unanimously.
4. Authorization to hire Planning Consultant
Adams stated this was discussed at the last meeting. He noted they would like to bring
forward Mike Lamb who has come highly recommended. He noted his services would
involve staff meetings and open meetings in January.
Smith noted she would like to know specific projects Mr. Lamb has worked on. Lamb
presented information regarding projects he has worked on.
Workman stated the planning fees need to be revenue neutral to the city.
Adams noted Lamb is currently working with Ryan Co., per the request of the City, and
Smith is uncomfortable with that arrangement.
Discussion was held regarding the issue of the City Council authorizing the hiring of a
planner. Lane inquired as to why the planner has not been working with the City since
day one. Batty stated the City directed Ryan Co. to find a planner.
It was noted the developer could put up the money and the City would hire the planner.
Lamb noted he has done two or three projects for Ryan Co. already this year and the
Council concurred they are uncomfortable hiring Mr. Lamb.
Council directed Staff to retain another independent planner.
D. Hamel Legion Park Community Building - Fundraising
Adams stated the Lions are not designated as a 501 c(3), non-profit organization and
that means the Lions are unable to provide a tax-deductible receipt to those providing a
donation to the project. He noted the fundraising brochure has been delayed. Adams
presented other options.
Lane suggested leaving the private fundraising in the hands of the Lion's. Smith
inquired if the City would still put information in the newsletter. It was noted information
would continue to be added to the newsletter.
E. Ordinance No. 362 Adding Sections 825.61 et seq. to the Code of
Ordinances Regarding Concept Plan Review Procedures
Adams presented the Concept Plan Review Ordinance and noted the Planning
Commission held a public hearing on the ordinance. He stated the ordinance would
not become official until it was published.
Moved by Workman, seconded by Smith to approve Ordinance No. 360 adding sections
825.61 et seq. to the code of ordinance regarding concept plan review procedures.
Motion passed unanimously.
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December 16, 2003
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It was noted the comments from the Planning Commission go to the Developer and the
City Council. Bill Loe raised concern with communication between the Planning
Commission and the City Council. Smith suggested the Planning Commission and City
Council sit down together in January for further discussion.
F. Concept Plan Review from Charles Cudd Co. for "Villages of Lake Medina"
Adams referenced the information packet including the application materials, staff
comments, and Planning Commission comments.
Rick Denman presented Cudd Concept Plan to the City Council, and stated the number
of improvements they would provide to community including pavement of Hackamore
road, park island dedication, looping water system, drilling a new well, and tax base.
Smith commented she liked Cudd's work, but is worried of premature development.
Batty inquired if the developer thought this project would require a change to the
Comprehensive Plan. Denman noted it would require a comprehensive plan change.
Kellogg was directed to include water quality study in feasibility report, paid for by Cudd.
Smith recommended having Staff check into amount of density needed, and eventually
the costs of the improvements.
Lane noted he prefers slow growth and that the project will challenge slow growth
mentality and integrity of the 2020 comp plan.
Bill Ciora, Foxberry Farm, stated his concern about creating more corridors through
Medina to get to Corcoran. Discussion was held as to the process of reviewing the site.
Brinkman stated he feels this development is ahead of time. The Council members
stated their feelings on the development and maintaining the City's integrity. Smith
noted she would like feedback from Medina residents regarding the two developments.
Lane suggested a possible future "town hall" meeting.
Acting Mayor Lane called for a recess at 9:55 p.m.
Acting Mayor Lane resumed the meeting at 10:02 p.m.
G. Concept Plan Review from Rvan Co. for "Target Medina" (including
"Medina Village Center)
Adams referenced the information packet to the Council including the application
materials, staff comments, and Planning Commission comments.
Richard Koppy, with Ryan Companies presented information regarding their
development plan. He noted they have a partnership with Target Corporation, Medina
Ballroom and the hotel, controlling a total of 35 acres in area. Koppy explained that 2
outlots would be controlled by Ryan, with remaining outlot under control of Medina
Ballroom. He discussed traffic light, medians, and access closings that may be needed
as part of plan.
Mike Lamb, Lamb Planners, presented his overview on the development of the area and
with linking Uptown Hamel, Highway 55 corridor, and proposed Ryan project together.
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Lane inquired about bringing MNDOT up to speed. Koppy stated MNDOT has
approximately a four -month approval process. Workman inquired about the location of
Clydesdale and feels this could be a safety issue being put in front of the store. Smith
stated she feels the building is too big for that area and she feels there would be a need
for too many variances. Workman stated he felt this isn't the area the City has thought
of for this type of project. Brinkman felt the Zook of this project would not fit the area.
Discussion was held on the features of the store.
Elizabeth Weir provided an overview of Planning Commission meeting comments. Mary
Verbick stated her concerns on the impacts of the residents in that area. Bill Loe
questioned if this development was consistent with the spirit of the comprehensive plan.
Koppy feels a neighborhood meeting would be the next step in the process of this
development. He noted Target feels this area could support this type of store.
Smith stated her concern with layout of store and location of the road. She would like to
see better architecture on building and stated she has envisioned more of a town center.
Brinkman stated he agrees with monuments but would like to see more like Uptown
Hamel. He stated he does not feel this is an appropriate spot.
Acting Mayor Lane stated his concern regarding size of the building. He also stated
concern regarding traffic congestion and flow, but stated several traffic pluses could
occur per MnDOT approval. He stated dollars are not available to redevelop Uptown
Hamel with residents' money. He stated a Target related TIF district might be only way
to develop that area.
Koppy inquired to the Council if he went back to Target and spoke with them about
downsizing would that be something the Council would like to see. Lane noted the
Council would like to talk further and would get back to Koppy.
H. Schedule Public Hearing for Storm Water Pollution Prevention Program
(SWPPP)
Adams stated the City is required to conduct a public hearing, with 30 day public notice,
for comment on the City's SWPPP. He noted comments from the hearing should be
documented or considered for revisions in the SWPPP, as part of the annual report the
City will submit in March. Adams is recommending the February 3, 2004 Council
meeting for public hearing approval.
Moved by Smith, seconded by Brinkman to direct Staff to set up a public hearing date for
February 3, 2004 City Council Meeting. Motion passed unanimously.
I. Capitalization Policy
Adams stated the majority of the policy was drafted off a model from the League of MN
Cities, information from the State Auditor's Office, and a comparable city. Items that are
unique to Medina include the useful life of assets and the threshold levels. Adams
stated the policy is needed as part of the city's GASB 34 requirements that begin in
2004. Adams noted the City is "encouraged" but not "required" to capitalize/depreciate
assets prior to 2004. Adams presented the depreciation schedule.
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December 16, 2003
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Moved by Smith, seconded by Brinkman to adopt the capitalization policy. Motion
passed unanimously.
J. Sick Leave Policy
Adams stated he reviews the employee's sick leave and vacation. Chief Belland had
authorized Officer Jason Nelson to take sick leave to assist with an investigation of his
cousin. Adams stated Nelson has vacation days available for use, and the sick leave
policy does not allow for compensation pertaining to Nelson's type of absence from
work. Belland inquired if the City is allowed to make an exception. Smith noted these
were circumstances beyond anyone's control and would allow Nelson to take sick leave.
Workman proposed paying Nelson under some other form not sick leave, i.e. mutual aid.
Consensus from the council is to compensate Nelson. Smith suggested Staff check into
a policy using flexible time off.
Moved by Smith, seconded by Brinkman, to recommend paying Officer Nelson through
Mutual Aid and request Officer Nelson hold a presentation with surrounding police
departments, or other proper groups, to discuss his experience. Motion passed
unanimously.
IX. APPROVAL TO PAY BILLS
Moved by Smith, seconded by Workman, to approve the bills, order check numbers
25949 - 26060 for $173,627.00 and payroll check numbers 18428 - 18446 for
$23,258.84. Motion passed unanimously.
X. ADJOURN
Moved by Workman, seconded by Smith to adjourn the meeting at 11:30 p.m. Motion
passed unanimously.
JinyLane, Acting Mayor
Attest:
170 .„
Chad M. Adams, City Administrator
Medina City Council Meeting Minutes
December 16, 2003
ORDER CHECKS - DECEMBER 16, 2003
25949 A.T.& T $55.96
25950 AMERIPRIDE LINEN & APPAREL $57.71
25951 BIFF'S INC. $55.99
25952 BRYAN ROCK PRODUCTS $2,199.38
25953 BUDGET PRINTING $26.71
25954 BUFFALO BITUMINOUS $374.33
25955 CIPHER LABORATORIES $49.90
25956 CORNER $855.09
25957 CULLIGAN $50.69
25958 D1TI ER, INC. $125.65
25959 DULTMEIER SALES $54.88
25960 E-Z-RECYCLING $3,030.20
25961 EARLEY, MARTY $1,715.60
25962 ELAN FINANCIAL SERVICE $16.33
25963 ELI l h CLEANERS & $17.10
25964 EMBEDDED SYSTEMS, INC. $552.00
25965 ESS BROS. & SONS, INC. $46.86
25966 FORTIN HARDWARE $151.89
25967 FRONTIER $58.59
25968 GENUINE PARTS CO. - MPLS $218.52
25969 GLENWOOD INGLEWOOD $52.20
25970 GOODIN CO. $232.78
25971 GOVERNING $16.00
25972 GRAINGER $209.42
25973 HAMEL BUILDING CENTER $23.38
25974 HARMON GLASS $295.05
25975 HASLER MAILING SYSTEMS $765.41
25976 HAWKINS INC $438.81
25977 HENN.CO. CHIEFS OF POLICE $50.00
25978 HENNEPIN CO.DEPT.OF $256.00
25979 HENNEPIN COOPERATIVE $87.07
25980 HENNEPIN COUNTY $368.13
25981 IMS MINNESOTA $350.00
25982 J.R.'S APPLIANCE DISPOSAL $45.00
25983 JOHN'S AUTO ELECTRIC INC. $176.98
25984 JOHNSTONE SUPPLY $117,51
25985 KEEPRS, INC./CY'S UNIFORMS $683.77
25986 KENNEDY & GRAVEN $14,808.98
25987 LEAGUE OF MN CITIES, FIN. $45.80
25988 LONG LAKE, CITY OF $4,193.50
25989 MARTIN-MCALLISTER $350.00
25990 MEDICA CHOICE $4,980.79
25991 MEDINA LIQUOR, INC $300.00
25992 METRO WEST INSPECTION $5,868.80
25993 METRO.COUNCIL ENVIRO. $10,616.67
25994 METROPOLITAN COUNCIL $106,029.00
25995 MIKE'S FIX -IT $38.00
25996 MINNBLUE DIGITAL IMAGING $169.14
25997 MINNEAPOLIS $40.00
25998 MINNESOTA RURAL WATER $195.00
299
300 ORDER CHECKS - DECEMBER 16, 2003 (CONT'D)
25999 MN DEPT. OF ADM $65.00
26000 NATIONAL WATERWORKS $1,395.65
26001 OIL AIR PRODUCTS $43.89
26002 PRIEM, JON $513.56
26003 QWEST $110.76
26004 RANDY'S SANITATION $107.47
26005 REYNOLDS WELDING $44.21
26006 SBC PAGING $56.30
26007 SCHOENING EXC. $162.50
26008 STREHLER FARMS -DOG $895.00
26009 STREICHER'S $731.78
26010 TALLEN & BAERTSCHI $2,385.73
26011 THUL, JEFF $30.00
26012 TIME SAVER OFF SI1h SEC. $132.25
26013 TRI STATE PUMP $486.83
26014 TWIN CITY WATER CLINIC $60.00
26015 U.S. POSTAL SERVICE $500.00
26016 VALVOLINE FLEET SERVICES $138.82
26017 VERIZON WIRELESS $33.71
26018 WESTSIDE WHOLESALE TIRE $27.00
26019 WRIGHT-HENNEPIN ELECTRIC $133.39
26020 XCEL ENERGY $4,056.58
$173,627.00
PAYROLL CHECKS - DECEMBER 15, 2003
18428 SCHERER, STEVEN T $1,359.27
18429 MCGILL, CHRISTOPHER R. $1,697.80
18430 DILLMAN, JAMES D $1,743.69
18431 DRESSEL, ROBERT P. $1,082.23
18432 BELLAND, EDGAR J $2,191.62
18433 VIEAU, CECILIA M. $1,056.17
18434 SULANDER, LAURA L. $1,182.74
18435 LARSON, SANDRA L $908.81
18436 BOECKER, KEVIN D $1,429.80
18437 PRIEM, JON D. $1,476.02
18438 CHAFFINS, GARY S $792.78
18439 ADAMS, CHAD M. $1,772.58
18440 HALL, DAVID M. $1,092.49
18441 CONVERSE, KEITH A $1,097.23
18442 VELCH, PATRICIA A. $225.54
18443 NELSON, JASON $1,710.93
18 l / 1 THUL, JEFFREY P. $1,284.17
18445 SKREEN, FRED $106.09
18446 DINGMANN, IVAN W $1,048.88
$23,258.84