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HomeMy Public PortalAbout12/21/04 CCM367 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 21, 2004 The City Council of Medina, Minnesota met in regular session on December 21, 2004 at 7:30 p.m. in the City Hall Chambers. Mayor Zietlow presided. I. ROLL CALL Members Present: Workman, Weir, Zietlow, Smith (arrived at 7:40 p.m.), and Brinkman Members Absent: None Also Present: City Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Tom Kellogg, City Planner Rose Lorsung, City Planning Consultant Sarah Schield, Police Chief Ed Belland, City Administrator Chad Adams and Recording Secretary Carol Hamer II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Moved by Brinkman, seconded by Weir, to approve the agenda as presented. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the December 6, 2004 Truth in Taxation Hearing Minutes Moved by Weir, seconded by Brinkman, to approve the December 6, 2004 Truth in Taxation Hearing Meeting Minutes as presented. Motion passed unanimously. B. Approval of the December 7, 2004 Regular Citv Council Meeting Minutes Moved by Weir, seconded by Brinkman, to approve the December 7, 2004 Regular City Council Meeting Minutes as amended. Motion passed unanimously. V. CONSENT AGENDA Zietlow requested the removal of Item C. A. Approve 2005 Tobacco Licenses B. ,Approve Long Lake Fire Department Engine 11 Capital Acquisition & Payment D. Approve Addendum to Recording Secretary Service Agreement — Timesaver Off Site Secretarial Moved by Workman, seconded by Weir, to approve the consent agenda items A, B, and D. Motion passed unanimously. C. ,Accep ance of $1000 Donation from Steve and Jill Lundell for Drug Task Force Taser Zietlow expressed his thanks to Steve and Jill Lundell for the donation to the City. Medina City Council Meeting Minutes December 21, 2004 368 Moved by Workman, seconded by Weir, to approve consent agenda item C. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items Not on the Agenda There were none. B. Park Commission Dillman stated there will not be a Park Commission meeting this month. Weir requested staff to look into the rubbish that needs to be cleaned up at Holy Name Park. Dillman responded the rubbish has already been removed. C. Planning Commission Lorsung reported the Planning Commission currently does not have a lot on the schedule. There are some incomplete projects that have been tabled recently. Gramercy Club at Elm Creek will be discussed this evening. VII. OLD BUSINESS A. Gramercy Club at Elm Creek 1. Landscaping Plan and Grading Plan Lorsung reported staff received an As -Built Plan from Gramercy. The City Engineer has submitted a letter stating that if the labeling is correct then the utilities line up with the easement. The letter indicates that the as -built grading plan generally conforms to the plans on file at the City with one exception. The plans the City has show the finished grade along the west side of the building at 1016, the as -built plan shows the finished grade along the west side of the building at 1014. Smith arrived at 7:40 p.m. Ben Erickson of Close Landscape Architecture reviewed the existing landscaping plan and the as -built landscaping plan with the Council. Smith stated the road that will provide access to the development should include boulevard trees. Also, the building is a lot further out of the ground than was ever seen in the concept plan, and the trees should be used to help minimize that effect. She noted currently there is about 30 to 45 feet without trees at the bottom of the hill. Brinkman requested Mr. Erickson to contact the landscape sub -contractor regarding a location he had indicated would be ideal for one tree remaining to be planted. Weir suggested Autumn Blaze Maples and Ash for the boulevard tree species. Lorsung advised staff recommends that the six additional berm plantings be a new species, such as Black Hills spruce, Austrian pine or Red pine to add diversification on the top of the hill. Brinkman suggested the revised plan indicating what it will look like in two years be brought before the Council. Medina City Council Meeting Minutes December 21, 2004 369 Erickson suggested a photograph be taken from the streetlights and reviewed to determine where the trees should be placed. Weir suggested the landscape plan be worked out between staff and the landscaper based on the Council's direction. Moved by Weir, seconded by Smith, to approve the Landscaping and Grading Plans and to direct the Landscape Architect to work with staff to determine location of new trees to include six trees in the north area of the berm and three trees to the east of the big spruce as directed by staff, and the boulevard trees to be added approximately every 50 feet. Motion passed unanimously. 2. Resolution Granting Final Plat Approval Lorsung reviewed that at the December 7, 2004 City Council meeting, Councilmembers determined that Gramercy Corporation would reapply for the Preliminary and Final Plat, which would require both Planning Commission and City Council approval. Staff has investigated this project with respect to the following: 1. Filing of the final plat with Hennepin County. 2. City Code with respect to procedure and timeline of the review of the Preliminary and Final Plat. 3. Certificate of Occupancy with respect to whether or not this is dependent on the filing of the Final Plat with Hennepin County, the Building Code, or both. Lorsung stated the other issue that staff is addressing is the issuing of the temporary Certificate of Occupancy. City Building Inspector Loren Kohnen has expressed concern about issuing the temporary Certificate of Occupancy before the Final Plat is filed with Hennepin County. Because of this, staff recommends that the City Council discuss the implications of this with regard to the process of the Preliminary and Final Plat approval before the issuance of the temporary Certificate of Occupancy. The timeline of the proposed process will extend well beyond the date of closing for the new tenants of the east wing of the building. It is also important to note that Gramercy Corporation has complied with three out of the four condition stated on the Final Plat Resolution, with the unmet condition being the filing of the Final Plat. Lorsung advised there are a few outstanding City Code issues Gramercy was made aware of this evening right before the meeting. Also, staff is waiting on updated title work, as the title work and the legal description do not match. Based on all of the issues with the Final Plat, as well as the Building Fire Codes and Temporary Certificate of Occupation, staff has put together four options. However, a couple of these options are now null and void due to the City Code issues staff was made aware of this evening. The two options still on the table would be: 1. Encourage that Gramercy Corporation continue with the process of reapplying for Preliminary Plat and Final Plat approval, and without a temporary Certificate of Occupancy issued until such approval by the City Council. 2. Adopt the Simple Lot Combination Resolution per City Code Section 820.03 with the intention that the platting procedure continue to the Planning Commission and City Council. Workman questioned what the advantage is to Option 2. Batty replied Options 1 and 2 are not exclusive of each other. Gramercy will be required to continue with the plat approval. If that stays on schedule it will be at the January Planning Commission Medina City Council Meeting Minutes December 21, 2004 370 meeting, and would come back before the Council the second meeting in January to be finalized. Option 2 would erase the lot line to eliminate the requirement for a solid wall or additional firewalls in the building. Ralph Worden of Gramercy explained when the property was purchased there was two lots. This problem could be solved by the combination of the two lots. He explained there are people waiting to move in, and if the issue of the lot combination is taken care of the Certificate of Occupancy will be able to proceed when the Building Code issues are solved. Zietlow questioned what the chances are that the Building Code issues will be solved. Worden stated the chances of the issues being resolved are good when they are zeroed in on. Gramercy was before the Council two weeks ago, and when the issues are honed in on they are solved quickly. He would encourage the Council to proceed with Option 2 and Gramercy will proceed with the plat approval. Adams advised the Certificate of Occupancy issuance is in the hands of the Building Inspector. Moved by Weir, seconded by Brinkman, to adopt the Simple Lot Combination Resolution per City Code Section 820.03 with the intention that the platting procedure continue to the Planning Commission and City Council. Motion passed unanimously. VIII. NEW BUSINESS A. Hamel Volunteer Fire Department (VFD) 1. Agreement and Contract for Fire Protection with Hamel VFD and City of Corcoran Adams reported at 11:00 a.m. today he received about 11 non -substantive changes from the Hamel VFD to the contract for fire protection. With the exception of two of the proposed changes everything is satisfactory. He sent an email in opposition to those two changes this afternoon. The changes were withdrawn as of 1/2 hour before this meeting. Staff recommends approval of the contract with the non -substantive changes. Moved by Smith, seconded by Weir, to approve the agreement and contract for Fire Protection with the Hamel Volunteer Fire Department and the City of Corcoran with the non -substantive changes as recommended by staff. Motion passed unanimously. 2. Authorize Preparation of Specifications for Engine 12 Replacement Adams reviewed that the Engine 12 replacement was discussed at the last Council meeting. The authorization of the Hamel VFD to proceed with the preparing for the specs for Engine 12 will still be subject to Council approval in the future. Moved by Workman, seconded by Smith, to authorize preparation of specifications for Engine 12 Replacement. Motion passed unanimously. B. Agreement and Contract for Fire Protection with Loretto Volunteer Fire Department Adams stated the Loretto VFD has not been approved by their board yet as they are awaiting City approval. Staff recommends approval of the agreement and contract for Fire Protection with the Loretto Volunteer Fire Department. Medina City Council Meeting Minutes December 21, 2004 371 Moved by Workman, seconded by Weir, to approve the agreement and contract for Fire Protection with the Loretto Volunteer Fire Department. Motion passed unanimously. C. Agreement and Contract for Fire Protection with City of Maple Plain Adams stated staff recommends tabling this agreement and contract indefinitely until the final details are worked out. One of the concerns is that the actual agreement expires on December 31, 2004. Staff has received written confirmation today that Maple Plain will continue to offer the same services under the same term until the contract is worked out. Moved by Weir, seconded by Smith, to table the agreement and contract for fire protection with the City of Maple Plain. Motion carried unanimously. D. Contract for Police Protection with City of Loretto Adams stated the Loretto City Council has approved the contract for police services. Staff is recommending approval of the agreement as well. Moved by Workman, seconded by Smith, to approve the contract for police protection with the City of Loretto. Motion passed unanimously. Belland stated the City of Loretto has authorized the payment of $5,000 to the Drug Task Force as a one-time payment. The consensus of the City Council was to direct staff to send the City of Loretto a letter of thanks for the $5,000 contribution to the Drug Task Force. E. 2005 Budget 1. Rate Schedule & Services with Bonestroo, Rosene, Anderlik & Associates Adams advised staff has reviewed the proposed rates and has conducted a performance review of BRAA's services for 2005. Most of the proposed rate increases are below the CPI with the exception of Tom Kellog's as project manager. Staff recommends approval of the rates and BRAA's services for 2005. Moved by Smith to approve the 2005 rate schedule and services with Bonestroo, Rosene, Anderlik & Associates. Workman asked how often staff compares rates with other municipalities. Adams replied this is generally done thoroughly every other year. Last year he completed a thorough review, this year the review was not as thorough. Workman stated it is necessary for this review to be done periodically. Motion seconded by Workman. Motion passed unanimously. 2. Rate Schedule & Services with Kennedy & Graven Adams advised staff has reviewed the proposed rates and recommends approval of the rates and services for 2005. He noted the increase involves reimbursable rates only and no increase is proposed for non -reimbursable or the retainer. Moved by Brinkman, seconded by Weir, to approve the 2005 rate schedule and services with Kennedy & Graven. Motion passed unanimously. Medina City Council Meeting Minutes December 21, 2004 372 3. Ordinance Amending Fee Schedule — Public Hearing The public hearing was opened at 8:35 p.m. Adams reviewed changes in the fee schedule, some of which include: • The Hamel Water System User Fee is proposed at an increase of 19 percent. He explained a higher rate increase may be recommended, but at this time it is fine to approve the 19 percent increase. • Final plat and lot combination of split deposits have been more clearly defined. • The Medina Morningside Area has been proposed to be changed to a per unit fee to make it consistent with what is being done in the Hamel Water System. The public hearing was closed at 8:37 p.m. Moved by Smith, seconded by Brinkman, to approve the ordinance amending the Fee Schedule. Motion passed unanimously. 4. Resolution Authorizing Publication by Title & Summary of Fee Schedule Ordinance Moved by Smith, seconded by Brinkman, to approve the resolution authorizing publication by title and summary of Fee Schedule Ordinance. Motion passed unanimously. 5. Subsequent Hearing — Resolution Approving 2004 Tax Levy, Collectable in 2005 The public hearing was opened at 8:37 p.m. Adams stated the proposed resolution approves the City's collectable taxes for 2005. The same levy has been included as proposed for the preliminary levy. He has pulled out the health insurance premium increases that have been projected and the Fire Department reduction based on the negotiations of the contracts. This saved the budget about $22,000. He has also included a line item for transfer to the equipment fund in that same amount for future capital purchases. The only change in the Capital Improvement Plan discussed was the Administrative/Planning vehicle for $5,500, but that will not affect the levy. The option for the Council tonight is to approve the levy as stated or reduce it by an amount determined by the Council. Moved by Smith, seconded by Weir, to approve the resolution approving the 2004 tax levy, collectable in 2005. Brinkman questioned if the Council wants to leave the levy as it is with all of the discussion in the last couple of weeks. He stated he does not want to approve the levy at this amount. Zietlow stated he does not want to approve the levy at this amount either. He would like to see the levy down to a 10 percent level, and going over that level is a philosophical problem with him. Brinkman stated the issue is more mathematical for him. He does not think this budget addresses the specific needs the Council is trying to address. He stated when there is a surplus the tendency is not to watch the spending as well. It is the responsibility of the Medina City Council Meeting Minutes December 21, 2004 373 Council to set a good example and set a good budget. He stated a plan is needed to handle the growth and what needs to be done. Adams clarified the increase in the general fund budget is proposed at 11.5 percent. The actual levy being proposed is a 13.1 percent increase, and the tax rate is down from 17.16 percent to 16.35 percent. Brinkman questioned if any other Councilmembers contacted Adams with suggestions of how to cut the budget a little and set aside a fund in the future to use for staff and outside resourcing. Adams replied he has had some budget discussions with Mayor Zietlow and Councilor Workman. Brinkman stated the maximum increase should be at 10 percent and there should be a discretionary fund set up is to handle needs throughout the year. Workman noted the funds can be moved around in the budget in the future. Brinkman replied the funds should be tied to a plan. Workman stated the budget can be fine tuned throughout the year. He inquired how much is left over from 2004. Adams replied he does not have those numbers. The building permit revenue could put the budget in nice financial shape. In 2003 there was a surplus, but it was offset by a transfer. Smith stated this budget will not be exceeded unless there is an exceptional circumstance. A reduction in the budget would make the Capital Improvement Program fall short. She believes there is enough flexibility in the budget to approve it as is and she expects the department heads to carefully monitor the spending. Staff put together a good budget and she is going to honor that. Adams will be responsible and if the budget can be cut somewhere it will be. There is some catching up that needs to be done, which is included in this budget. Brinkman stated a better tool could be put in Adams' hands by sending a message that 10 percent is enough of an increase. Aside from that if there are certain issues money is needed for, the Council can immediately go to work and set aside a certain amount for the next three years that will be there to really accomplish what is needed. This would give Adams more power to come up with a plan on what really needs to be accomplished. Weir stated something like this may be able to be accomplished next year, but it is too late at this time. Workman stated he agrees that next year the budget will not be increased more than 10 percent. Moved by Smith, seconded by Workman, to close the public hearing. Motion passed unanimously. The public.hearing was closed at 8:40 p.m. Smith called the vote. Medina City Council Meeting Minutes December 21, 2004 374 Motion carried 3-2 (Zietlow and Brinkman opposed). 6. Resolution Approving 2005 Budget Adams advised the proposed resolution approves the 2005 final budget, wages, and capital improvement plan. Moved by Smith, seconded by Weir, to approve the resolution approving the 2005 budget. Motion passed 3-2 (Zietlow and Brinkman opposed). IX. CITY ADMINISTRATOR REPORT A. Hamel Community Building 1. Change Order No. 1 Adams advised this change order includes changes on the Hamel Community Building in the last six or seven months. The net result is a $230 credit to the project. Workman asked if Kohnen's concerns have been addressed. Adams replied Kohnen's concerns should be Building Code related. There aretwo or three items recommended by Kohnen, but they are apparently minimal. In addition to those items, Kohnen also indicated a couple of side items that should be watched. That will all be included with the final punch list. Moved by Smith, seconded by Workman, to approve the Hamel Community Building Change Order No. 1. Motion passed unanimously. 2. Donations from Hamel Lions for Grand Opening Ceremony and Equipment/Furnishings Adams stated this represents all equipment and furnishings at the Hamel Community Building. Workman inquired about the $23,688 cost outlined. Adams replied that is the amount the Lions are contributing for in -kind contribution. Workman noted this list does not include some of the things that were discussed, such as the big screen TV, etc. Smith noted the information indicates that the podium is not audio adaptable, which will be needed. Lil Jungels of the Hamel Lions explained the Lions have talked to their Budgeting and Financing committee about doing some of the extra items. A big screen TV is definitely something that is wanted. The Lions would be willing to work with the City on additional things to make the building more technologically useable (i.e. electronics, microphones). Adams explained this approval would accept the Lions donation and authorize the equipment funding items and accept a donation from the Hamel Lions in the amount of $5,000 for the Grand Opening Ceremony. Moved by Workman, seconded by Smith, to authorize funding for the remaining equipment and furnishings for the Hamel Community Building and to accept the furnishing donations from the Hamel Lions. Motion passed unanimously. Medina City Council Meeting Minutes December 21, 2004 375 Moved by Workman to accept the $5,000 check from the Hamel Lions for the Grand Opening Ceremony of the Hamel Community Building. Workman asked if the budget for the Grand Opening Ceremony is adequate and if any donations are needed. Adams replied at this time the budget is adequate for what is planned. Jungels indicated the Lions are looking for door prizes. Motion seconded by Smith. Motion passed unanimously. Smith stated some recognition should be given to the Lions. She suggested the Council may want to consider naming the big room the Lions Great Hall. Workman suggested a plaque in recognition of the Lions on the building could be part of the Grand Opening Ceremony. 3. Driver Improvement Program Adams reported a resident of Medina is requesting to use the Community Building for Driver Improvement Program, sponsored by St. Cloud State and Minnesota Highway Safety and Research Center. The facility is being requested two to three times a month for four-hour sessions. Jim Smith, resident, explained he does not think the facility would be needed more than one time per month until the program is established. He indicated a TV and VCR would be utilized if available. Adams indicated he informed Wilson this equipment would not be available to begin with. Smith stated the program is a good idea, however, she would be concerned with providing the facility to the group without a charge. Wilson responded the only place the organization has contributed money back to the host is with the Community Education Program with a two dollar return per student. Workman stated he agrees with what Councilmember Smith is saying, but this program is community oriented and the organization is not making any money. He indicated he would be fine with this as long as there is a sunset for review of the program. Moved by Workman, seconded by Brinkman, to approve the Driver Improvement Program use of the Hamel Community Building for the year 2005 and a review prior to 2006. Motion passed unanimously. 4. Northwest Chamber of Commerce — Annual State of the City Report Meeting Adams stated Northwest Suburban Chamber of Commerce has requested to use the Hamel Community Building on January 25, 2005 in the morning for the annual report of the area cities. Staff feels the intent of this meeting meets the general guidelines of a Medina sponsored public-service event. Staff recommends approval of the rent-free event. Moved by Workman, seconded by Smith, to approve the Northwest Chamber of Commerce Annual State of the City Report Meeting. Motion passed unanimously. Medina City Council Meeting Minutes December 21, 2004 376 B. League of Minnesota Cities Meetings for New and Experienced Officials Adams reported the training for new and experienced elected officials is scheduled for January 28th and January 29th. He requested Council members interested in attending contact him so they can be registered. X. APPROVAL TO PAY BILLS Adams indicated the U of M Extension bill of $500 should be removed until a new invoice is submitted. Moved by Smith, seconded by Weir, to approve the bills, order check numbers 027323 - 27388 for $234, 714.78, and payroll check numbers 019717 - 019035 for $24, 766.50 with the removal of the U of M Extension bill. Motion passed unanimously. XI. ADJOURN Moved by Workman, seconded by Weir, to adjourn the meeting at 9:12 p.m. Motion passed unanimously. hillip K. Zietlow„#Mayor Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes December 21, 2004 377 ORDER CHECKS - DECEMBER 21, 2004 027323 A.T.& T $73.41 027324 ACCURINT $30.00 027325 AMERIPRIDE LINEN & APPAREL SVC $103.84 027326 ANDERSEN, EARL F $232.42 027327 ANNANDALE TACTICAL TRAINING CT $300.00 027328 ARMOR HOLDINGS FORENSICS, INC. $73.50 027329 BONESTROO, ROSENE, ANDERLIK $40,835.02 027330 CASE CREDIT CORPORATION $2,996.02 027331 CIPHER LABORATORIES $24.95 027332 CRETEX CONCRETE PROD.NO.INC $4,031.82 027333 CULLIGAN $50.69 027334 DULTMEIER SALES $129.81 027335 E-Z-RECYCLING $3,152.28 027336 EBERT CONST. $26,049.95 027337 EHLERS & ASSOC. $4,100.00 027338 ELAN FINANCIAL SERVICE $180.01 027339 ELM CREEK WATERSHED $3,635.50 027340 EMBEDDED SYSTEMS, INC. $792.00 027341 ENCOMM MIDWEST INC. $48,906.47 027342 FOBES, CRAIG $3,410.00 027343 FORTIN HARDWARE $95.87 027344 FRONTIER $58.57 027345 GENUINE PARTS CO. - MPLS $420.24 027346 GOPHER STATE ONE CALL $541.65 027347 GRAINGER $176.51 027348 GRONBERG & ASSOCIATES $3,850.00 027349 HAMEL BUILDING CENTER $342.42 027350 HASLER MAILING SYSTEMS $765.41 027351 HAWKINS INC $125.00 027352 HENN COOP. SEED EXCHANGE $89.41 027353 HENNEPIN CO.TREASURER $175.00 027354 HENNEPIN COUNTY INFO.TECH.DEPT $366.45 027355 HOMEBASE OFFICE FURNITURE $339.47 027356 INTERSTATE BA'F1'hRY SYSTEM $144.79 027357 INTOXIMETERS, INC. $624.09 027358 LAKE BUSINESS SUPPLY $327.05 027359 LANDFORM $12,788.75 027360 LAURENT, JENNIFER $3,004.00 027361 LONG LAKE, CITY OF $17,767.50 027362 MATRX $367.25 027363 MCGILL, CHRISTOPHER $53.00 027364 METRO WEST INSPECTION $17,609.50 027365 METRO.COUNCIL ENVIRO. SERVICES $11,537.09 027366 MIDWEST ASPHALT CORPORATION $24.72 027367 MINNESOTA CRIME PREVEN. ASSN $40.00 027368 MINNESOTA STATE TREASURER $7,659.94 027369 ORONO, CITY OF $271.75 027370 PIONEER-SARAH CREEK $2,601.39 027371 PROELS, TIM $3,004.00 378 ORDER CHECKS - DECEMBER 21, 2004 (CONT'D) 027372 QWEST $110.76 027373 RENNER, E. H. & SONS $250.00 027374 REYNOLDS WELDING $109.12 027375 SEWERMAN, INC. $417.50 027376 STREICHER'S $753.55 027377 SUPERIOR LAMP, INC. $173.49 027378 SUPERIOR WIRELESS $30.93 027379 TALLEN & BAERTSCHI $1,787.39 027380 THUL, JEFF $300.00 027381 TWIN CITY STRIPING $1,600.00 027382 TWIN CITY WATER CLINIC $60.00 027383 VALVOLINE FLEET SERVICES $93.01 027384 VIKING SEWER & DRAIN $620.00 027385 VILLAGE CHEVROLET $95.31 027386 WRIGHT-HENNEPIN ELECTRIC $14.33 027387 XCEL ENERGY • $3,978.57 027388 XEROX CORPORATION $42.31 $234,714.78 PAYROLL CHECKS - DECEMBER 13, 2004 019017 CHAFFINS, GARY S $793.39 019018 ADAMS, CHAD M. $1,786.96 019019 SCHERER, STEVEN T $1,337.41 019020 MCGILL, CHRISTOPHER R. $1,848.72 019021 HALL, DAVID M. $1,234.41 019022 DILLMAN, JAMES D $1,790.18 019023 DRESSEL, ROBERT P. $1,155.33 019024 BELLAND, EDGAR J $2,189.87 019025 CONVERSE, KEITH A $1,062.79 019026 VIEAU, CECILIA M $1,037.11 019027 DINGMANN, IVAN W $1,186.87 019028 SULANDER, LAURA L. $1,155.21 019029 LARSON, SANDRA L $636.70 019030 BOECKER, KEVIN D $1,308.59 019031 GREGORY, THOMAS $1,324.87 019032 GRASSMAN, MICHELLE L $485.26 019033 LORSUNG, ROSE A $1,113.10 019034 NELSON, JASON $1,957.87 019035 THUL, JEFFREY P. $1,361.86 $24,766.50