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HomeMy Public PortalAbout12/20/05 CCM373 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 20, 2005 The City Council of Medina, Minnesota met in regular session on December 20, 2005 at 7:00 p.m. in the Hamel Community Building. Mayor Workman presided. I. ROLL CALL Members present: Cavanaugh, Smith, Weir, and Workman. Members absent: Brinkman Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Public Works Director Jim Dillman, Police Chief Ed Be!land, City Planner Rose Lorsung, City Planner Consultant Sarah Schield, City Administrator Chad Adams and Recording Secretary Cheryl Felix. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA There was none. IV. APPROVAL A. Approval of the December 5, 2005 Truth In Taxation Public Hearing Minutes Moved by Weir, seconded by Smith, to approve the December 5, 2005 Truth In Taxation Public Hearing minutes. Motion passed unanimously. B. Approval of the December 6, 2005 Regular City Council Meeting Minutes It was noted on page 2, the 6th paragraph, it should state: "The ... gfated graded ...." Moved by Smith, seconded by Weir, to approve the December 6, 2005 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Approve 2006 Tobacco Licenses B. Schedule Special Meeting with City of Independence City Council on Tuesday, January 24, 2006 at Independence City Hall to Discuss Lake Independence TMDL — 6:00 p.m. C. Approve Addendum to TimeSaver Off Site Secretarial Recording Secretary Service Agreement D. Approve LELS Local #36 Labor Agreement .--tese aden-Grvntipsi-,--relini ram=-Acklitlen Weir asked to remove item E from the consent agenda. Workman replied it would be moved to New Business, item A. Medina City Council Meeting Minutes December 20, 2005 374 Moved by Weir, seconded by Smith, to approve the consent agenda as amended. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Dillman stated at the meeting tomorrow there will be two proposals / presentations for playground equipment, open space will be further discussed, and interviews for prospective Park Commissioners will be held. Workman asked how many candidates are there. Adams replied eight. C. Planning Commission Lorsung stated at the next meeting the Commission will review the stormwater construction site ordinance, further review the wetland, grading, and sign ordinances, and will work on the by-products of the Ryan Companies project. At the next City Council meeting there will be a concept plan and Ryan companies. Workman asked how does the agenda look for the first quarter. He also asked what is the plan for introducing the comprehensive plan. Lorsung replied the schedule consists of a small number of applications but there are several ordinances to review. She added the comp plan will start towards the end of February or March. VII. OLD BUSINESS There was none. VIII. NEW BUSINESS A. Resolution Granting Preliminary and Final Plat Approval for Leawood Farms 2"d Addition Lorsung stated she received a call from the applicant indicating there was a death in the family. Other issues include current condition negotiations with neighboring properties and an outstanding item that may take more time. She suggested the item be approved with conditions or held until the next meeting. Batty replied the issue is when Council platted the Bradley property, Lots 6 and 7, the City had a benefit of easement to Hamel Road. Council was clear it was a condition of approval that if either lot was served off the easement it was to be the easterly of the two. The property is now being re -platted, with this continued condition, but there is a question about the other property owner. He suggested Council either not adopt the resolution or approve it with a motion addition that the mayor and clerk sign the final plat upon presentation of the executed driveway. Weir asked if there is any advantage to doing this step by step or should it be deferred to the next meeting. Batty replied it is okay to defer if there is not a timing problem. He suggested Council also delay action until the next Council meeting on the adoption of resolution of vacation of easements, although the public hearing can be held and closed tonight. Medina City Council Meeting Minutes December 20, 2005 375 Moved by Cavanaugh, seconded by Weir, to table Leawood Farm until the next City Council meeting. Motion passed unanimously. B. Consultant Services and 2006 Rates 1. Services and Rates Schedule with Bonestroo, Rosene, Anderlike & Associates — Engineering Kellogg presented an update on engineering services, which included an overview of the City's needs, Bonestroo's responsibilities, and the 2006 rate schedule. He stated Darren Amundson will be assisting in the day-to-day operations and project management. He reviewed recent projects including a new water supply system, street and utility improvements to accommodate new developments, regional stormwater treatment in Uptown Hamel, and maintaining a high -quality, rural atmosphere. Kevin Hoglund, Bonestroo, detailed the TH 55 Corridor Coalition. Sherry Buss, Bonestroo, reviewed the comp plan planning process in terms of surface water management, transportation, sanitary sewer, and water supply. Darren Amundsen, Bonestroo, detailed the private development reviews in terms of reviewing plans and specifications, establish financial guarantees, and inspecting project sites. Workman stated Kellogg has addressed some Staff and Council concerns. He added the City would like to continue the relationship as long as they can be flexible to react to the City's needs and growth. Cavanaugh stated the firm must be proactive and educate Council. He asked since the City status is changing from below 5,000 to over 5,000, is there anything the City should be doing now until the date change. Hoglund replied the City can start to put some items together regarding the transportation system, but information is needed to work through the process. He added one critical area is the Highway 55 corridor. Smith asked what are the City's responsibilities when they go over 5,000. Hoglund replied items could include cost participation with Hennepin County and percentage contributions for projects. Smith stated she is more apt to look at a 3% increase across the board. She appreciates the fact that Bonestroo has taken the City's concerns seriously. She proposed Council hold the increase for three months, conduct a review, and if positive the three-month rate increase would be retroactive. Workman replied he does not like retroactive because it is a City liability. He suggested Council freeze the rates for 90 days and review it at that time to see if they are making their commitments. He asked if Kellogg was acceptable to this. Kellogg replied they are committed to quarterly reviews in 2006 and this is a fair compromise. Moved by Smith, seconded by Weir, to hold the rates to current for a period of three months and review them at that time with Bonestroo, Rosene, Anderlike & Associates. Motion passed unanimously. Medina City Council Meeting Minutes December 20, 2005 376 2. Services and Rates Schedule with Tallen & Baertschi — Prosecuting Attorney Steve Tallen, Tallen & Baertschi, stated there is no drastic changes in fees or revenue and the billings are approximately on track with last year. He added the proposed is a rate increase of 3%. Moved by Smith, seconded by Weir, to approve the services and rates schedule with Tallen & Baertschi. Motion passed unanimously. 3. Services and Rates Schedule with Landform — Planning Consultant Kendra Lindahl, Principal Planner, Landform, stated they began work with the City in 2004. She detailed their company in terms of the services they provide, their process, and their assistance with planning issues. She added the 2006 rates schedule is a 5.5% increase, but includes the fact that they did not raise rates for year 2005. Smith stated she is not in favor of a 5.5% increase, but for 3% across the board. Cavanaugh stated he would rather see 3% and asked for justification. Lindahl replied rates were not increased last year; therefore, the 5.5% increase reflects less than a 3% increase annually over two years. Workman asked how much is non -reimbursable costs for the City and who manages this. Adams replied it varies depending upon the workload and for the current year it may be about $20,000. He added he and Lorsung manage this. He noted that Landform's focus is on development rather than the day-to-day operations and that there are funds in the budget to accommodate this increase. Cavanaugh asked if there is a separate fee schedule for non -reimbursable and reimbursable. Lindahl replied no, the schedule indicates standard municipal rates. She added for specific projects they do a fixed fee and the City can determine if they want to proceed. Workman stated if they approve the 5.5% increase he would like to see a commitment that fees not be increased for two years. Smith stated she does not think a 5.5% increase is justified; 3% should be sufficient. She suggested doing a six-month review and at that time consider a rate increase. Cavanaugh asked if splitting the increase and addressing it next year was acceptable. Lindahl replied she will have to bring the suggestion back to the office. She added the 5.5% increase reflects the cost increase of insurance and employees. Smith stated a 5.5% proposed rate increase cannot be justified by no rate increase for 2005. She added when the City contracted with the firm they were not as experienced and it takes time to come up to speed; there is a leaming curve. Lindahl replied they should have done an annual review update with everyone. Workman stated he is comfortable with a 5.5% increase now, a review at the end of year 2006 with the right to terminate services, and no increase for two years. Medina City Council Meeting Minutes December 20, 2005 377 o Moved by Cavanaugh, seconded by Weir, to approve a 5.5% increase with a review at 2006 year end and no rate increase through year-end 2007, with Landform. Motion passed 3-1. Smith nay. 4. Services and Rates Schedule with Kennedy & Graven — Legal Counsel Ronald Batty, Kennedy & Graven, stated over the last several years the volume of work has increased; therefore, he has brought in other office personnel. He requested a reimbursable rate increase of $10 per hour and a non -reimbursable rate increase of $5 per hour or 3.8%. He added there was no rate increase requested for last year. Smith suggested a rate increase of 3% and addressing it next year. She added she dislikes a cost of living increase; it should be merit based. Cavanaugh replied but there is a cost of living increase. Smith replied then she would like to see a combination. Workman replied a combination of cost of living and merit would amount to a greater increase. He added these are not industry fees. Weir asked for clarification there was no fee increase last year. Batty replied that is correct. Cavanaugh asked how much is non -reimbursable costs for the City. Adams replied he would have to look at the budget but may be $50,000 to $60,000. Moved by Smith, seconded by Weir, to approve the services and rates schedule of 3.8% with Kennedy & Graven. Motion passed unanimously. C. Hamel Water System Rate and Fee Analysis — Ehlers & Associates Jessica Cook, Ehlers & Associates Inc., stated their study results showed there were usage discrepancies in that some used less and some used more water. They refined the study to take a look at the tier system used in billing. The study incorporated changes that occurred since last year including the water tower and a 30% growth. The 2006 recommended rate increase is 13%. Based on Staff discussion it was suggested to put more burden on higher rate users; therefore, a 20% increase is recommended. She stated last year there was double digit increases due to a new water system. She recommended with City growth Staff increase connection fees to offset this. Smith asked about tier rate increases. Cook relayed the per gallon tiers. Weir asked if water use decreases would the numbers decrease. Cook replied yes. Cavanaugh asked if the high rate was suggested to discourage high water usage. Cook replied yes, the DNR advocates this to discourage the number of wells drilled and amount of water drawn. Weir asked if a concern is that wells are being spent quicker than can be recharged. Cook replied yes. Medina City Council Meeting Minutes December 20, 2005 378 Smith stated the City could implement items such as sprinkling bans but they would be hard to enforce. D. Preliminary Plat, Final Plat, and Variances — 4612 Balsam Street (Peter & Carla Schoon) Schield stated the owners have requested approval of a prelim and a final plat to combine two existing lots for the purpose of constructing a new home and a swimming pool on the lot. The property is zoned urban residential. The applicant has agreed to implement a rain garden and retaining walls and reduce the driveway and pool area. Staff found there are extraordinary circumstances because of the narrow depth and size irregularity. Similar setbacks have been granted for variances in this district. Staff recommends discussion on the variances and to draft the resolutions. Weir asked for clarification that the shoreline overlay district is not being applied to other requests for variances. Lorsung replied that is correct in this district. This was not known until this application was received. Weir stated concern regarding setting precedence for future development in the area. Lorsung replied a survey of the area shows that a lot of properties have 75% to 80% hardcover. Weir asked if the rain garden is adequate to deal with drainage. She also asked if this garden is beneath the mature trees. Kellogg replied there are no mature trees in that corner. Peter Schoon stated there are some poplar trees now but they plan to plant a minimum of six blackhill spruce trees. He added trees could mitigate view issues with neighbors. Weir stated she is concerned that the pool is impervious and although it retains water it would be drained at the end of summer. Schoon replied the pool has a vinyl liner so in winter they take the water level down slightly and the rest stays in the pool and freezes. Smith stated she is not convinced the water will stay on the property. She asked if there are measures to eliminate the chlorine. Schoon replied they will be using a different product. Workman replied chlorine dissipates rapidly in the air. Smith stated in the future applicants should try to get closer to the hard cover recommendation. Lorsung replied Staff has just created a map of properties within the buffer zone and it is important to protect impaired water bodies. She added this will be reviewed starting with new applications. Cavanaugh asked if they could require pavers for the driveway and around the pools hard surface. Kellogg replied Council can require whatever they would like. Smith stated Lake Independence is now an impaired body and needs to be protected. Lorsung replied the City will implement a new policy in 2006 where building applications have grading, drainage, and erosion policies. Medina City Council Meeting Minutes December 20, 2005 379 e Weir asked about cistern. Schoon replied they looked at this to mitigate run off issues but it was expensive. He added they are proposing to do a reverse flow on the lot which will move water to the rain garden and will protect property owners. Cavanaugh asked if the new policy will come into play when a building permit is issued. Lorsung replied yes, that is what Staff is proposing. Weir asked if the applicant has considered enlarging the rain garden per engineer's recommendations. Schoon replied he is working with an environmental engineer and thought the proposed size of the rain garden is within policy, but stated he can go larger. Kellogg replied when the application was reviewed they looked at the total drainage area to the rain garden. Moved by Cavanaugh, seconded by Weir, to direct Staff to prepare resolutions for the preliminary plat and final plat, with variances and Staff approval of size and placement of a rain garden and green pavers for the driveway and around the pool — 4612 Balsam Street. Motion passed unanimously. Schield asked if the motion includes the conditions outlined in the Staff report. Workman replied yes. Schoon stated he is fine with this. Wilson, real estate agent, stated the Schoons would be applying for the building permit in 2006 and asked if they would be subject to the new regulations. Workman replied yes. Moved by Cavanaugh, seconded by Smith, to direct Staff to prepare the final plat — 4612 Balsam Street. Motion passed unanimously. E. Resolution Vacating Drainage and Utility Easement Dedicated in the Plat of Leawood Farm — Public Hearing, Workman asked about tabling this item until the next Council meeting due to the prelim and final plat being tabled earlier. Batty replied Council can either continue the public hearing or hold and close it and not take action tonight on the vacation resolution. Workman asked if the public hearing was published. Adams replied yes. Workman opened the public hearing at 9:00 p.m. There was no one wishing to speak. Workman closed the public hearing at 9:00 p.m. F. 2006 Budget 1. Ordinance Amending Fee Schedule — Public Hearing Workman opened the public hearing at 9:00 p.m. There was no one wishing to speak. Medina City Council Meeting Minutes December 20, 2005 380 Workman closed the public hearing at 9:00 p.m. Moved by Weir, seconded by Smith, to approve the ordinance amending fee schedule. Motion passed unanimously. 2. Resolution Authorizing Publication by Title & Summary of Fee Schedule Ordinance Moved by Smith, seconded by Weir, to adopt the Resolution Authorizing Publication by Title & Summary of Fee Schedule Ordinance. Motion passed unanimously. 3. Subsequent Hearing — Resolution Approving 2005 Tax Levy, Collectable in 2006 Adams reviewed the actual budget and proposed dollars in terms of spending, taxes, and the local tax rate comparison. Workman opened the public hearing at 9:03 p.m. There was no one wishing to speak. Workman closed the public hearing at 9:03 p.m. Moved by Smith, seconded by Weir, to adopt the Resolution Approving 2005 Tax Levy, Collectable in 2006. Motion passed unanimously. 4. Resolution Approving 2006 Budget Adams stated this includes items such as the capital improvement plan and the proposed wage schedule. Moved by Smith, seconded by Cavanaugh, to adopt the Resolution Approving 2006 Budget. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT A. Personnel Policies Adams stated this item was discussed earlier at the work session and Staff is seeking approval with Council's recommended changes. Moved by Weir, seconded by Smith, to approve the personnel policies with the Council's recommended changes. Motion passed unanimously. B. Appointment of Office Receptionist Adams referenced a memo provided to Council, stating the effective date is December 30, 2005 with a salary of $15.75 per hour. Moved by Weir, seconded by Smith, to approve the appointment of office receptionist. Motion passed unanimously. Medina City Council Meeting Minutes December 20, 2005 38 I C. Annexation Discussion Adams stated the City of Maple Plain has requested Medina Council discuss Maple Plain annexing Park Commons. He added Staff perspective is no. Workman replied the Commons is still serviceable from the City so there is no reason to turn it over to another City. He asked if the City is required to give approval. Batty replied annexation can occur by mutual consent of two cities or by the decision of the Director of Strategic Planning; however, it is unlikely to happen without cooperation from Medina. Lorsung stated the developer has requested an extension to the January 17 Council meeting and with this decision they will need to see if they can get water from Maple Plain. Adams stated he will advise Maple Plain of the Council's decision. D. Frontage Road Easements 1. Approve Agreement with R&J Partnership of Medina re: Public Improvement and Easement Batty stated the City's development agreement with Ryan Companies called for deadlines with regard to the salvage road. At the last meeting Council approved a plan modification to extend the deadline to December 1. The City has within five days of each deadline to stay or opt out of the project. This deadline relates to the Hwy. 55 Rental and Oil Air easements. The Hwy. 55 Rental owners agreed to sign the easement. He suggested Council postpone this item until the decision of Oil Air is known. They are concerned about the roadway impact on their property, but were advised there would be future benefits including them not having to pay for a frontage road later. If no south frontage road is constructed, both current accesses will be right in right out, which will limit what can be done in the future. The deadline is December 31. He added at the next Council meeting if easements are not in hand a decision needs to be made. Workman asked if they gave a timeline. Batty replied no. Workman stated during a discussion with them last week they were told the City was not going to buy any easements. He added if this is not done the project could be dropped. Batty replied he has also made these points to them on several occasions. Weir asked what is happening with Valvoline. Batty replied he had a similar discussion with them. He added they have agreed to participate and have submitted an application for a lot split combination. Adams stated the City has received 13 applications for the finance director position. X. MAYOR & CITY COUNCIL REPORTS Workman stated the next Council meeting is January 3, 2006. Adams replied the meeting will be held at City Hall. Workman stated he is distressed about the quick take property cost and that it is hard to budget for. Adams replied the City's, landowners, and commissioners appraisals all Medina City Council Meeting Minutes December 20, 2005 382 reflected different costs, which were not close to the budgeted amount. Batty suggested the discussion be moved to a closed session. XL APPROVAL TO PAY THE BILLS Cavanaugh asked about insurance for the squad car. Adams replied there is a $5,000 deductible, which comes out of the general fund. Moved by Weir, seconded by Smith, to approve the bills, order check numbers 028762- 028828 for $729,179.06, and payroll check numbers 019624-019646 for $28, 959.85. Motion passed unanimously. XII. ADJOURN Moved by Weir, seconded by Smith, to adjourn the meeting at 9:26 p.m. Motion passed unanimously. ryt;e D. Workman, Mayor Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes December 20, 2005 383 ORDER CHECKS - DECEMBER 20, 2005 028762 ACCURINT $30.00 028763 ALLEGRA PRINT & IMAGING $816.56 028764 ALLSTAR ELECTRIC $156.57 028765 AMERIPRIDE LINEN & APPAREL SVC $91.70 028766 BANYON DATA SYSTEMS $2,709.80 028767 BARTON SAND & GRAVEL • $738.29 028768 BRYAN ROCK PRODUCTS $1,191.09 028769 CARQUEST AUTO PARTS $34.84 028770 CENTERPOINT ENERGY $125.71 028771 CIPHER LABORATORIES $1,237.50 028772 CIRCLE V SPECIALTIES, INC. $547.41 028773 CNH CAPITAL $249.51 028774 COLLISION CORNER $3,582.42 028775 CORNER HOUSE/INTERAGENCY CTR $915.97 028776 CULLIGAN $63.38 028777 DEEP ROCK WATER COMPANY $58.60 028778 DESIGNING NATURE, INC $986.48 028779 DITTER, INC. $1,166.60 028780 DULTMEIER SALES $471.09 028781 EHLERS & ASSOC. $656.25 028782 ELAN FINANCIAL SERVICE $258.83 028783 EMBEDDED SYSTEMS, INC. $831.60 028784 FORTIN HARDWARE $140.26 028785 FRONTIER $59.00 028786 G. L. CONTRACTING $183,253.67 028787 GENUINE PARTS CO. - MPLS $335.73 028788 GOPHER STATE ONE CALL $318.95 028789 GRAINGER $42.02 028790 HAMEL BUILDING CENTER $64.97 028791 HASLER MAILING SYSTEMS $810.14 028792 HAWKINS INC $216.50 028793 HENNEPIN CO.TREAS.(JAIL SVC.) $282.75 028794 HENNEPIN COOPERATIVE SEED EXCH $47.90 028795 HENNEPIN COUNTY INFO.TECH.DEPT $843.59 028796 HENNEPIN COUNTY SHERIFF $178.83 028797 HOSTINGMINNESOTA.COM $24.95 028798 IMPREST FUND $870.07 028799 KD & COMPANY $40.03 028800 LAKE BUSINESS SUPPLY $213.46 028801 MAS MODERN MARKETING $238.09 028802 MCGILL, CHRISTOPHER $129.95 028803 MEDIACOM $79.95 028804 METROPOLITAN COUNCIL WASTEWTR $58,855.50 028805 MINNEAPOLIS DEPT.HEALTH&FAMILY $52.00 028806 NATIONAL WATERWORKS $3,593.95 028807 NORTH AMERICAN FOODS $37.77 028808 NORTH AMERICAN SALT CO. $4,136.03 028809 OIL AIR PRODUCTS $52.47 028810 OLSON, PETER $563.91 028811 PHONE GUYS $4,947.05 384 ORDER CHECKS - DECEMBER 20 2005 (CONT'D) 028812 PRESS & NEWS PUBLICATIONS $27.80 028813 QWEST $401.00 028814 REYNOLDS WELDING $31.63 028815 RICE LAKE CONST $439,835.00 028816 ROLLING GREEN COUNTRY CLUB $35.32 028817 SCHARBER & SONS, INC. $92.35 028818 STREICHER'S $389.26 028819 SUNBURST LAWN & SNOW $382.50 028820 SUPERIOR FORD $232.91 028821 TALLEN & BAERTSCHI $3,874.83 028822 TWIN CITY WATER CLINIC $100.00 028823 VALVOLINE FLEET SERVICES $120.39 028824 VERIZON WIRELESS $18.88 028825 WASTE MANAGEMENT-TC WEST $3,353.28 028826 WOLF PROTECTIVE AGENCY $447.30 028827 XCEL ENERGY $2,463.74 028828 XEROX CORPORATION $23.18 $729,179.06 PAYROLL CHECKS - DECEMBER 12, 2005 019624 ADAMS, CHAD M. $1,922.44 019625 SCHERER, STEVEN T. $1,330.80 019626 MCGILL, CHRISTOPHER R. $1,820.29 019627 HALL, DAVID M. $1,443.56 019628 SKREEN, FRED $112.06 019629 DILLMAN, JAMES D $1,839.05 019630 DRESSEL, ROBERT P. $1,249.20 019631 BELLAND, EDGAR J $2,231.89 019632 CONVERSE, KEITH A $1,266.82 019633 VIEAU, CECILIA M $1,028.73 019634 DINGMANN, IVAN W $1,314.46 019635 SULANDER, LAURA L. $1,186.65 019636 LARSON, SANDRA L $1,221.59 019637 BOECKER, KEVIN D $1,576.60 019638 GREGORY, THOMAS $1,447.27 019639 LORSUNG, ROSE A $1,171.59 019640 NELSON, JASON $1,958.69 019641 THUL, JEFFREY P. $1,324.46 019642 KLISZCZ, DAVID A. $510.71 019643 VINCK, JOHN J. $1,068.09 019644 FINKE, DUSTIN D. $395.45 019645 MAROHNIC, NICHOLAS $423.38 019646 OLSON, JANET $1,116.07 $28,959.85