HomeMy Public PortalAbout02/15/2011 CCM37
MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 15, 2011
The City Council of Medina, Minnesota met in regular session on February 15, 2011 at
7:00 p.m. in the City Hall Chambers. Acting Mayor Weir presided.
I. ROLL CALL
Members present: Pederson, Siitari, Martinson and Weir.
Members absent: Crosby
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed
Belland, City Planner Dusty Finke, Planning Consultant Nate Sparks, Public Works
Superintendent Steve Scherer, City Administrator Chad Adams and Recording
Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
It was requested to add an item, Schedule a Special Meeting for March 1, 2011, to the
City Administrator's Report.
Moved by Pederson, seconded by Siitari, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL OF MINUTES
A. Approval of the February 1, 2011 Special City Council Meeting Minutes
Moved by Pederson, seconded by Martinson, to approve the February 1, 2011 Special
City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the February 1, 2011 Regular City Council Meeting Minutes
It was noted on page eight, following line eight, the following sentence should be added:
"Weir stated that for environmental reasons she is not in favor of reducing wetland
setbacks or altering tree preservation requirements."
Moved by Martinson, seconded by Pederson, to approve the February 1, 2011 Regular
City Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Temporary On -Sale Liquor License to/at Holy Name of Jesus
Church on March 12, 2011
B. Approve MN Department of Public Safety Datamaster DMT-G with Fuel Cell
Option Evidential Breath Tester Instrument Agreement
C. Dispose of Lexus from DWI Forfeiture at Auction
D. Ordinance Rezoning 1525 Deerhill Road to the Agricultural Preservation
(AP) Zoning District
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E. Resolution to Publish Ordinance Rezoning 1525 Deerhill Road by Title and
Summary
F. Resolution Adopting a Comprehensive Plan Amendment Regarding the
Future Land Use of 1525 Deerhill Road
G. Resolution Authorizing Preparing of Feasibility Report for Hunter Drive
South
Moved by Pederson, seconded by Siitari, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Madeleine Linck noted that the Park Commission had not met since
the previous update. She advised that the Park Commission would meet the following
night and the main discussion would focus on the 2011 CIP.
C. Planning Commission
Finke confirmed that a meeting had not been held for the Planning Commission but
advised that a workshop was held with himself and one Commissioner.
VII. OLD BUSINESS
A. LENNAR/Enclave Comprehensive Plan Amendment, Rezoning and
Preliminary Plat
Sparks noted that the three requests from the applicant work together to form one
development. He advised that the item had been continued from the November meeting
and summarized the work that had taken place since that time. He reviewed the subject
site for the application including the size, current zoning, and number of units currently
proposed for the development. He noted that there had been 19 previous general
conditions or comments and summarized the items that had already been addressed.
He reviewed the items that the developer had altered in the plans to accommodate the
requests of the Council and staff. He noted that there are essentially eight major
remaining issues including the phasing plan, affordable housing, northern cul-de-sac,
irrigation system, Hunter Drive reconstruction, Navajo Road reconstruction, park
dedication, and resolution to engineering issues. He explained the current status of
each of the remaining issues and the thoughts of City staff and the developer at this
time. He confirmed that some of those remaining issues would simply need Council
approval and some items would require the direction of the Council in order to assist the
developer in resolving the issue.
Carol Toohey, Lennar, confirmed that there were a few items that needed to be
discussed tonight and requested that the Council remember that the developer has
amended the current development plan to meet previous requests from City staff and
the Council. She stated that if a dollar amount is assigned to each property for the eight
items requiring discussion tonight it would add approximately $23,000 to each home
site. She stated that in regard to the irrigation escrow, the developer has researched
the main line option discussed at the last meeting and the cost would be approximately
Medina City Council Meeting Minutes
February 15, 2011
39
$100,000 in addition to other concerns. She stated that the best option for placing a
main line would be to add the main line when the well systems are installed. She
believed that the drought resistant sod would require less upkeep from the homeowners
and suggested that the home owners association add the irrigation system at a later
date if needed. She stated that Charlie Nolan has expressed concern that he does not
want access to his property through the development and noted that with concern for
that neighbor the developer has decided not to add that connection via a cul-de-sac.
She addressed the Navajo Road extension and did not feel that the developer should be
responsible for that extension as there are no homes along that roadway and was
unsure that property would be developed in the future. She stated that in regard to park
dedication the developer is requesting additional credit for the conservation area, in
addition to the flexibility given by the City in regard to the MUSA. She stated that in
regard to affordable housing, the issue had been brought to the Metropolitan Council but
noted that a meeting had not taken place as of yet. She hoped that City staff would be
able to assist in obtaining a meeting with the Metropolitan Council. She addressed
Hunter Drive and agreed that the section of road which would be torn up for utilities
would be the responsibility of the developer but disagreed that the developer should be
responsible for the entire stretch of roadway as the development is not the cause of the
current condition of the roadway. She noted that the biggest economic impact of these
concerns is the reconstruction of Hunter Drive. She noted that in regard to the phasing
plan the townhomes were added, as requested, and noted that the phasing plan does
change to accommodate the current market and sales.
Weir began Council discussions with the phasing plan and noted that additional
townhomes were requested and had been added. She confirmed that the phasing
would depend on the current market and sales. She stated that she would like some
townhomes built to show the models that are available but noted that she is satisfied
with the phasing plan as presented.
The Council agreed with the phasing plan as presented.
Weir moved to the issue of affordable housing and questioned if the developer would be
interested in reviewing the issue of affordable housing if the issue were tied to funding
for the reconstruction of Hunter Drive.
The representatives from Lennar confirmed that they would be open to discussions with
staff regarding that option.
Weir confirmed that staff and the developer could work together to further discuss the
options. She moved to the issue regarding the northern cul-de-sac.
Siitari stated that Mr. Nolan was not interested in the issue of the cul-de-sac.
Martinson requested staff to work with Lennar to ensure if a through street were added it
would not result in a loss of a unit. Weir said that was doable.
Weir referenced a previous plan which did not show one of the storm ponds and instead
showed a street abutting the Nolan property.
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Toohey stated that the size of the storm pond had to be increased in order to
accommodate the storm water from the Nolan property.
Finke noted that Nolan is no longer part of this application and advised that because
public utilities are located under the roadway staff is not in favor of the private cul-de-sac
or roadway. He stated that while a road may start as private, once the issue of
maintenance is brought forward the request is often made for the City to take the road
over.
Adams advised that this item was discussed at length on November 8th and believed the
Council direction was clear at that time when all parties affected were present.
Weir reviewed the staff recommendation and stated that because staff is strongly
recommending this item she agreed that the Council should follow that recommendation
regarding the northern cul-de-sac. She confirmed that the Council agreed to request
that the developer follow the recommendation from staff to allow for access to the Nolan
lot. She also referenced a letter written by Ed Holasek and noted that she would be
responding to the letter. She moved to the irrigation system and commended Lennar for
their plan to use drought resistant grass, although expressed concern that the grass has
not been proven. She suggested that the irrigation condition be deleted and proposed
that a condition be added to state that buyers in phases one and two would sign an
agreement which would state that no irrigation system is to use municipal water.
Finke stated that he was not comfortable with that language and noted that in the first
year or two watering would take place most likely via municipal water.
Adams stated that Bridgewater has been a good example of how this irrigation system
works and believed that the irrigation could be designed out with staff, similar to the
other development. He noted that this has been a very successful policy and was
unclear on how the item seemed to be coming off the table tonight.
Martinson stated that she wanted to ensure that these items were not becoming too
costly for the developer.
Adams stated that the City requirements had been made clear from the beginning and
questioned why the developer was now coming forward at this stage stating that these
items have such a high economic impact.
Scherer questioned if there was a plan for the irrigation system. He believed that a plan
should be in existence if the estimate of $100,000 was given by the developer.
Toohey advised that the cost estimate was based on an irrigation contractor providing
an estimate to run the main lines.
Scherer stated that there should be a plan as to where the pipes would be located and
which wells and ponds the pipes would connect to. He suggested that a plan be put
together by the developer.
Weir questioned if an underground plan could be developed by Lennar for an irrigation
system as requested at the November 8th meeting.
Medina City Council Meeting Minutes
February 15, 2011
41
Finke explained that the design plan would be beneficial if homeowners were to come
forward in the future with a request for an irrigation system. He also suggested an
education campaign, which could include an agreement signed at closing which states
that an irrigation system would not utilize municipal water.
Weir confirmed that the Council would agree that the developer should work with staff
and develop a design plan for an irrigation system, as well as educating homebuyers
that municipal waters will not be used for irrigation. She moved to the Hunter Drive
reconstruction and confirmed that the Council would like the developer to work with City
staff to discuss options of affordable housing and in turn for the City to assist with the
cost for the reconstruction.
Adams confirmed that staff would continue to work with Lennar on this item and further
recommendations would be brought forward to the Council at the March 1, 2011
meeting.
Weir moved to the item regarding the Navajo Road extension and believed that the
escrow should be provided for that extension. She moved to the issue of park
dedication and noted that the Park Commission has recommended that the MUSA line
swap be an equal swap for the conservation area. She questioned if staff would be
opposed to forgiving park dedication on the four homes which would be designated as
affordable housing.
Adams confirmed that if affordable housing were to be provided a package would be put
together by staff which could encompass not only park dedication but also possibly
water and sewer fees as well as the Hunter Drive issue.
Weir confirmed that the resolution to engineering issues would be further discussed at
the March 1st meeting. She thanked Lennar for their work thus far and noted that staff
will continue to work with the developer to make this project successful.
Moved by Martinson, seconded by Pederson, to table this item to the March 1, 2011
meeting. Motion passed unanimously.
VIII. CITY ADMINISTRATOR REPORT
A. Uptown Hamel Monument Sign
Adams provided an update regarding the window panes and the previous Council
request to soften the effect of the window panes. He noted that he did attend the
Uptown Hamel meeting today and the consensus of that group was that the sign was
fine as is. He advised that the estimate to make changes to the window panes would be
approximately $1,000 to insert a graphic. He mentioned that a sign contractor advised
against painting the window panes because of the material used to construct the panes
was not designed to be painted and any paint placed on the material may peel away.
Siitari questioned why additional funds would be used for this sign.
Weir confirmed that she would also be okay with the sign standing as is, especially if the
Uptown Hamel Association is fine with the existing sign.
Medina City Council Meeting Minutes
February 15, 2011
42
B. Elm Creek Watershed District Appointment
Weir stated that she was not able to attend the previous meeting and did not find that
out until the last minute. She advised that another resident Randy Foote had previously
served on the Commission and could regularly attend the meeting and would be
interested in being the first alternate. She noted that Madeleine Linck could be the
second alternate for the meeting.
Moved by Siitari, seconded by Pederson, to appoint Randy Foote as the first alternate to
the Elm Creek Watershed and Madeline Linck as the second alternate. Motion passed
unanimously.
C. Schedule a Special Meeting for March 1, 2011
Moved by Martinson, seconded by Siitari, to schedule a special meeting for March 1,
2011 to discuss litigation. Motion passed unanimously.
Batty stated that the meeting would be noticed but advised that the meeting would be a
closed session to provide for attorney client privilege.
IX. MAYOR & CITY COUNCIL REPORTS
Pederson stated that he attended the recent retirement party at the Loretto Fire
Department for Herb Koch and also attended the Uptown Hamel sledding event on
Saturday. He advised that he also attended the Uptown Hamel meeting today.
X. APPROVAL TO PAY THE BILLS
Moved by Siitari, seconded by Pederson, to approve the bills, EFT 001013-001036 for
$53,352.23 and order check numbers 036542-036596 for $101,371.50, and payroll EFT
503294-503324 for $45, 706.31 and payroll check number 020340 for $224.36. Motion
passed unanimously.
XII. ADJOURN
Moved by Siitari, seconded by Pederson, to adjourn the meeting at 8:38 p.m. Motion
passed unanimously.
Elith Weir, Acting Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
February 15, 2011
43
ORDER CHECKS January 28, 2011 - February 10, 2011
036542 GARDNER, KELLY $150.00
036543 MN DEPARTMENT OF HEALTH $32.00
036544 MN DNR ECO-WATERS $1,815.00
036545 Office of Child Support Enforc $240.00
036546 PETRIE, JAMIE $150.00
036547 QWEST $1,086.19
036548 XEROX CORPORATION $0.00
036549 NAPA $630.33
036550 ACCLAIM BENEFITS LLC $113.40
036551 ALTERNATIVE BUSINESS $6,231.10
036552 BUDGET PRINTING $11.08
036553 CRYSTEEL TRUCK EQUIPMENT $93.51
036554 DELL MARKETING L.P $1,735.84
036555 DESIGNING NATURE, INC $450.00
036556 DITTER INC $473.30
036557 DOBOSZENSKI & SONS, INC. $1,768.25
036558 EHLERS & ASSOC INC. $4,702.50
036559 GRAINGER $327.04
036560 HACH COMPANY $150.11
036561 HAMEL LUMBER & SUPPLY INC $178.16
036562 HENN COUNTY SHERIFF $203.57
036563 HENNEPIN COUNTY $2,000.00
036564 HOSTINGMINNESOTA.COM $28.17
036565 KODET ARCHITECTURAL $9,550.62
036566 LAW ENFORCEMENT LABOR $336.00
036567 LEXISNEXIS RISK DATA MGMT $30.00
036568 LORETTO TOWING $109.01
036569 MEDTOX LABS $48.15
036570 METROPOLITAN COUNCIL $2,079.00
036571 METROPOLITAN COUNCIL $18,466.43
036572 METRO AREA MGRS ASSN $60.00
036573 MINUTEMAN PRESS $2,687.41
036574 MN ASSOC OF CEMETARIES $60.00
036575 MN CHIEFS OF POLICE ASSN $400.00
036576 MORRIS ELECTRONICS INC $1,404.00
036577 NORTH MEMORIAL $50.00
036578 OFFICE DEPOT $22.58
036579 OFFICE OF ENTERPRISE $10.00
036580 OIL AIR PRODUCTS LLC $62.45
036581 ORONO, CITY OF $435.70
036582 PERRY'S TRUCK REPAIR $56.64
036583 ROLF ERICKSON $6,191.46
036584 SCHARBER & SONS, INC. $14.87
036585 SOFTWARE HARDWARE $16,192.00
036586 STRETCHER'S $182.46
036587 SUBURBAN TIRE WHOLESALE $506.55
036588 TALLEN & BAERTSCHI $5,568.78
036589 TIMESAVER OFFSITE $126.25
036590 VALLEY NATL GASES LOC93 $57.52
036591 WATER CONSERVATION $428.56
036592 WESTSIDE WHOLESALE TIRE $863.69
036593 YOCUM OIL CO. INC. $12,200.82
036594 HOLIDAY $150.00
036595 MAMA $51.00
036596 MN DEPT OF PUBLIC SAFETY $400.00
Total Order Checks $101,371.50
Medina City Council Meeting Minutes
February 15, 2011
44
E-CHECKS January 28, 2011 — February 10, 2011
001013E PR PERA $11,723.42
001014E PR FED/FICA $12,032.21
001015E PR MN Deferred Comp $1,175.00
001016E PR STATE OF MINNESOTA $2,779.23
001017E CITY OF MEDINA $20.00
001018E FARMERS STATE BANK OF $20.00
001019E ACCLAIM BENEFITS LLC $2,223.43
001020E FARMERS STATE BANK OF $30.00
001021E GLENWOOD INGLEWOOD $108.14
001022E XCEL ENERGY $8,361.90
001023E ASSURANT EMPLOYEE $528.13
001024E WHCEA $2,815.32
001025E EXXONMOBIL $61.67
001026E PITNEY BOWES $112.17
001027E ELAN FINANCIAL SERVICE $774.79
001028E XEROX CORPORATION $44.78
001029E PAYMENT SERVICE NETWORK $136.90
001030E BANK OF MAPLE PLAIN $5,006.50
001031E ACCLAIM BENEFITS LLC $3,151.26
001032E CENTERPOINT ENERGY $2,084.73
001033E MEDIACOM OF MN LLC $46.95
001034E PIVOTAL PAYMENTS INC $25.71
001035E CULLIGAN-METRO $32.38
001036E FRONTIER $57.61
Total Order Checks $53,352.23
PAYROLL DIRECT DEPOSIT January 28, 2011 — February 10, 2011
503294 SIITARI, MIKE $184.36
503295 ADAMS, CHAD M $2,862.21
503296 BARNHART, ERIN A $1,452.77
503297 BELLAND, EDGAR J. $2,446.09
503298 BOECKER, KEVIN D $2,169.69
503299 CONVERSE, KEITH A. $1,829.19
503300 COONEY, DALE T. $249.40
503301 CROSBY, THOMAS M. JR. $334.15
503302 DAY, JEANNE M. $2,144.01
503303 DINGMANN, IVAN W. $2,184.81
503304 DOMINO, CHARMANE $1,815.21
503305 FINKE, DUSTIN D $1,926.67
503306 GALLUP, JODI M. $1,434.01
503307 GLEASON, JOHN M $1,549.34
503308 GREGORY, THOMAS $2,074.45
503309 HALL, DAVID M $1,784.06
503310 JESSEN, JEREMIAH S. $1,676.37
503311 KLAERS GROTHE, ANNE M. $583.16
503312 KORDIAK, JEFFREY $500.25
503313 LANE, LINDA $1,306.73
503314 LEUER, GREGORY J $1,787.88
503315 MARTINSON, MELISSA $235.87
503316 MCGILL, CHRISTOPHER R. $1,849.41
503317 NELSON, JASON $2,024.21
503318 PETERSON-DUFRESNE, DEBRA $1,373.84
503319 PORTINEN, TERI $1,343.52
503320 REINKING, DEREK M $1,312.02
503321 SCHERER, STEVEN T $1,987.15
503322 VIEAU, CECILIA M $1,119.08
503323 VINCK, JOHN J. $1,930.53
503324 WEIR, ELIZABETH V $235.87
Total Payroll Direct $45,706.31
PAYROLL CHECKS January 28, 2011 — February 10, 2011
020340 PEDERSON, JEFF $224.36
Total Payroll Checks $224.36
Medina City Council Meeting Minutes
February 15, 2011