HomeMy Public PortalAbout03/01/2011 CCM47
MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 1, 2011
The City Council of Medina, Minnesota met in regular session on March 1, 2011 at 7:00
p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Pederson, Siitari, Martinson, and Weir.
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed
Belland, City Planner Dusty Finke, Public Works Superintendent Steve Scherer, Finance
Director Jeanne Day, City Administrator Chad Adams and Recording Secretary
Kathleen Altman.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
It was requested to add item B, a resolution extending time to record a final plat, to New
Business.
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the February 15, 2011 Special City Council Meetinq Minutes
Moved by Pederson, seconded by Siitari, to approve the February 15, 2011 special City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the February 15, 2011 Regular City Council Meeting Minutes
It was noted on page 3, after Line 45, it should state: "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."
Moved by Siitari, seconded by Martinson, to approve the February 15, 2011 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Raffle Permit to/at Holy Name of Jesus Church on March 12, 2011
B. Close City Hall on March 11, 2011, from Noon to 4:30 p.m. for Staff Training
Session
Moved by Weir, seconded by Pederson, to approve the consent agenda. Motion
passed unanimously.
VI. PRESENTATION
Medina City Council Meeting Minutes
March 1, 2011
48
A. Resolution Recognizing and Honoring Former Fire Chief Herbert M. Koch
for Dedicated Service to the City of Medina
Belland recognized and thanked Herb Koch for 32 years of service to the City as a
volunteer or the Fire Department.
Crosby thanked Koch for his service to the City.
Herb Koch thanked the City and staff for their help and assistance through the years.
He stated he was proud to have served the City for all of these years.
Moved by Weir, seconded by Pederson, to approve the Resolution Recognizing and
Honoring Former Fire Chief Herbert M. Koch for Dedicated Service to the City of
Medina. Motion passed unanimously.
B. Dave Callister, Ehlers and Associates — Financial Overview
Dave Callister, Ehlers and Associates, presented the annual financial overview of the
City including General Fund Balance; Tax Base history; City Tax Rates — Actual and
Projected; Tax Impacts; Debt Levy Percentage; Tax Rate Comparisons; Tax Base
Composition; Bond Rating; 30-year Bond Buyer Index; Construction Cost Index; Existing
Debt; Debt Levies 2011-2020; Utility Rates Comparisons; Sewer Rate Comparisons;
and Tax Increment Districts.
Crosby noted in practical terms the only way the city has added to the reserves was by
budget surpluses. Day noted for 2010 $400,000 may be added.
Crosby requested information regarding which portion of tax rates are debt service for
other cities.
Crosby asked what were the factors keeping the City from the highest bond rating.
Callister responded size was one factor as well as the City not being rated for two years.
He noted the goal for the equipment certificates was to raise it to AA1.
Day noted the creation of financial management policies and improvements to internal
controls staff has been doing over the years has been to set up to help the City receive
a higher bond rating.
Crosby requested road bonds be put on the Debt Levies 2011 — 2020 chart.
Day stated Staff will revise the two charts as requested.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Bill Waytas stated at their last meeting they prioritized projects for
2011 focusing on Hamel Legion Park landscaping and Medina Morningside Park
landscaping. He stated they were looking to have a wildlife walk again in May and they
Medina City Council Meeting Minutes
March 1, 2011
49
were going to educate people about the dead trees in the Lake Medina Preserve. He
stated they may be looking where to locate the historic Hamel Library if a formal request
is made from the Hamel Business Association. He stated an Eagle Scout was planning
on coming forward about building benches for the parks. He indicated a spring tour was
in the planning stages.
C. Planning Commission
Finke reviewed agenda items for the upcoming Planning Commission meeting.
VIII. OLD BUSINESS
A. LENNAR/Enclave Comprehensive Plan Amendment, Rezoning and
Preliminary Plat
Nate Sparks, City's Planning Consultant with Northwest Associated Consultants, Inc.,
presented the land use applications submitted by LENNAR for the Enclave project. He
reviewed the plan revisions for Council. He noted staff was still going through the plans
and engineering still had to review the information. He reviewed the current issues for
Council.
Crosby stated it would he helpful to him to know whether the City staff and applicant
were in agreement with the issues. Adams responded all of the items in the Staff report
had been agreed upon and indicated some details regarding Navajo Rd. and other
information would be worked out in the Development Agreement.
Weir asked if affordable housing would occur in the first phase. Adams responded he
believed the developer wanted to get affordable housing into phase one, but it could be
moved to phase two to ensure sufficient time to create partnerships for funding.
Weir stated she wanted to keep affordable housing flexible for the developer. She
asked if the design would limit a cul-de-sac. Sparks responded he was not sure if there
was enough room for a cul-de-sac, but it was essentially designed to be a future road
connection to the north. He indicated right now it fit the general purpose as intended.
Adams stated the Navajo Road Extension was still an open issue. He noted potentially
they were looking at sharing the cost of the road with 50 percent shared between all of
the lots when constructed. Crosby stated it did not make sense to request a letter of
credit, so he believed this solution worked.
Martinson expressed concern that it would take a long time to get to phase four. She
stated if affordable housing did not go into phase one, she wanted assurance that those
units did go in a timely fashion. Adams responded affordable housing would be
included in the Development Agreement, but it may be flexible for phase one or two.
Crosby noted the City would be approximately in the same position with respect to the
southern part of the road as it would have been if the development had not occurred.
Sparks reviewed staffs recommendations.
Crosby invited the developers and other interested parties to speak at the podium.
Medina City Council Meeting Minutes
March 1, 2011
50
Carole Toohey, Lennar, stated they have been working with staff to make this work for
both parties. She stated with respect to affordable housing they were willing to propose
the four units, but they could only agree to those if they were made whole in the cost
difference between the models and the affordable housing.
Crosby asked if the City would need to apply for grant funding. Toohey confirmed it
would be up to the City.
Adams noted staff believed there needed to be a third party involved to secure the units
as permanent affordable units. He stated the City would probably have to offer some
type of a fee reduction as well to secure any grants as a matching partner. He indicated
there may not be many grant options, but staff would research any grants available.
Toohey stated with respect to the Navajo Road extension they were close to an
agreement and they were willing to do the 50/50 split in today's dollars for the future
assessment of the road and they were requesting a reasonable sunset date. She noted
as a seller it was difficult to sell a home to a purchaser if there was a possible road
construction in the future. She indicated this was a concern of theirs. She suggested a
five-year timeline as that coincided with the build out of the community.
Crosby stated he would leave "reasonable" up to the City Administrator to determine, but
noted a five-year appears was too short in his opinion. Weir concurred.
Adams stated the goal would be April 5 to give preliminary approval and have the
development agreement 80-90 percent completed.
Moved by Weir, seconded by Pederson, to direct staff to prepare the resolution,
ordinance, and development agreement for Council consideration, with the revisions as
discussed. Motion passed unanimously.
Crosby stated this was a significant action for the City. He indicated he was aware of
the pushes and pulls going on over the last several months and he appreciated
everyone's patience.
B. Hamel Athletic Club (HAC) Grounds Services Agreement Update
Adams reviewed the updates to the agreement. The Athletic Club has requested the
term of the contract be changed to begin on April 1st, which has been agreed to by both
parties. He stated regarding the ball field lights, the City received a grant from the
Minnesota Twins Community Fund in the amount of $25,000. He indicated the City and
HAC would also contribute to the lights as matching partners. He stated the question
was the agreement right now stated HAC needed to turn over $50,000 by the end of the
year, but they were requesting some flexibility.
Jason McAthie, HAC, stated they were willing to turn over the $12,500 tonight for Phase
I and the $50,000 would be available by December 1, but if the County grant was not
received this year, HAC would like to hold the money until next year.
Crosby asked if they would agree that the funds would only be applied to the lights with
the term being three years and if the grants were not received within that time period,
the funds would be returned to the Association. He stated he was reluctant to have the
Medina City Council Meeting Minutes
March 1, 2011
51
City go down this path without knowing the funds were there. McAthie responded he
believed that would be agreeable if they also received interest.
Crosby stated he did not want to put wiring in the ground if the funds were not going to
be there.
Moved by Weir, seconded by Siitari, to approve the agreement with the April 1st revision
and subject to details to be worked out between the City Administrator and the Hamel
Athletic Club that the money be available for the lights for a three year period. Motion
passed unanimously.
IX. NEW BUSINESS
A. Holy Name of Jesus Church Cemetery — Conditional Use Permit and Site
Plan Review
Finke presented the request of Holy Name of Jesus Church for a conditional use permit
(CUP) and site plan review to expand the existing cemetery. He noted there had been a
previous proposal in 2009, which was not completed. He recommended the Council
rescind the 2009 approval and approve this proposal. He indicated the properties were
zoned rural/residential. He reviewed the Planning Commission recommendations.
Martinson asked about the size of the traditional burial sites versus cremation sites.
Finke responded traditional burial sites were 3.5 feet by 8 feet and cremation sites were
2 feet by 2 feet.
Finke reviewed the CUP standards for cemeteries. He noted the purpose of a site plan
review was to determine if the proposal was consistent with the provisions of the
ordinance. He noted the City had some discretion with a CUP.
Crosby stated when the German Liberal Cemetery was considered there were various
restrictions put on "decorations". He asked if that was something that could be
discussed as it related to the new area. He believed some of those things would be
relevant. Finke stated if there was a public interest that ties to one of the regulations to
require such an addition that would be within the City's discretion to do so.
Crosby stated for German Liberal they had conditions placed that the City was going to
maintain it and the plants had to be put on a stand. He stated there were also
restrictions put on balloons, lights, etc. He stated if they were going to do this, in
fairness, he would only want this for the new portion. Batty responded he agreed with
Finke's response that there needed to be a public interest. He stated he believed it
might be possible the City could find a public interest, but he was not sure what the
developer was proposing.
Martinson asked if anything had been an issue on the old portion of the cemetery.
Crosby responded not to his knowledge, but there were perpetual lights.
Siitari stated he was surprised the City should be concerned about neighbors in this
proposal. Crosby stated if the City wanted to impose restrictions, now was the time to
do it. He did not believe the rules put on the German Liberal Cemetery were unusual for
a high quality cemetery.
Medina City Council Meeting Minutes
March 1, 2011
52
Finke stated staff would look at what the conditions were for the German Liberal
Cemetery and discuss the restrictions with the applicant. Crosby stated the City was not
operating the cemetery and it was up to the applicants to run it.
Finke presented the parking, road, and circulation proposals. He reviewed the
recommended conditions on the parking, road, and circulation rather than requiring
parking or a wider road.
Martinson asked if it was possible to have a foot path behind the large parking area and
the expansion area. Finke noted most of the interments that occurred would probably
have the services at the Church and people would be walking from the Church, but staff
could check with Hennepin County regarding this. He indicated proof of parking would
be located along the existing road.
Crosby stated it was important to have sufficient parking for the people who had
difficulty with mobility.
Finke presented the landscaping and screening proposal. He indicated staff did not
recommend additional plantings. He reviewed the stormwater, wetland, and water table
requirements. He stated there was a high water table in the lower portion of the site so
staff was recommending the applicant to amend the grading plan to meet their
geotechnical recommendations.
Dan Gary, Parish Administrator, stated with respect to parking on the Holy Name Lake
side, it was used for overflow parking if the existing lots were full. He stated it could be
used for parking for the cemetery, but 95 percent of the burials there were from services
at the church and the people were already parked in the parking lot. He stated
occasionally there were burials where the ceremony was at a different church and in
those cases he believed they could work with the funeral directors to have the people
park in the existing lot or in the overflow lot. He noted this only occurred two or three
times a year. He indicated they had latitude with respect to the decorations and lights
and if the City wanted to put conditions on it, they would not object, but they already did
have lights in the older part and had restrictions regarding plantings, balloons, etc.
Crosby stated he believed some of the restrictions made good sense and he would like
to look at what was previously imposed.
Gary stated the Church has not had any complaints from their neighbors regarding
lighting, but he would be willing to look at the restrictions. With respect to paving, they
wanted time to recoup their investment and do repaving down the road. He noted the
ground was soft where the paving would go during certain times of the year and they
were proposing to put gravel down first to harden the ground up. He indicated they
were willing to work with the City on this item. He stated they were in agreement to the
two year recommendation. Kellogg indicated he had no objection to having gravel down
for two years, but he would not go any longer than two years. He agreed it would
harden up the soil as a base for the future paving.
Gary noted with respect to the water table, they would bury the vaults above the water
table and they would work with staff in grading to the necessary height. He stated they
would work with the City and the Police Department on people crossing the road.
Medina City Council Meeting Minutes
March 1, 2011
53
Crosby inquired about the proposed timing. Gary responded they were proposing to
start selling the plots this summer, but there would probably not be too many burials for
awhile in the new area.
Moved by Weir, seconded by Martinson, to direct staff to prepare a resolution approving
site plan review and CUP for Holy Name Cemetery with the conditions recommended by
the Planning Commission and to direct staff to prepare a Resolution rescinding the CUP
and Site Plan Review approval granted by Resolution 2009-31 for Holy Name Cemetery.
Motion passed unanimously.
Crosby recessed the meeting at 9:05 p.m. and reconvened the meeting at 9:10 p.m.
B. Resolution Granting Extension of Time to File Final Plat for Hamel
Commons Amending Resolution 2009-43
Adams presented the proposed Resolution granting an extension of time to file final plat
for Hamel Commons. He recommended Council approve the extension.
Crosby asked if there was a legal issue for the City to keep extending the plat. Batty
responded there was no legal issue, but he had a concern that the regulations would
change and at some point the City should look at not extending the plat filing deadline.
Crosby recommended putting on a firm deadline for an extension. Finke noted with this
particular plat, he believed it would benefit developments that might not otherwise occur.
Crosby recommended staff indicate to the applicant that it was not the City's intent to
grant extensions beyond the end of the year.
Moved by Weir, seconded by Pederson, direct staff to prepare the resolution for Council
consideration, Granting Extension of Time to File Final Plat for Hamel Commons
Amending Resolution 2009-43. Motion passed unanimously.
X. CITY ADMINISTRATOR REPORT
A. Public Facilities Update
Adams presented an update on the public facilities planning noting that a Focus Group
meeting was planned for March. He noted staff and the City Attorney would be working
with Hennepin County on the option agreement for land acquisition.
Xl. MAYOR & CITY COUNCIL REPORTS
Weir stated she had attended the two-day League of Minnesota Cities Leadership
Institute and it was a valuable seminar where she learned a lot. She noted she had
heard that there was a bill proposed in the House to freeze the residential property tax
and also freeze bonding authority. She asked if the City should send a letter to the
City's legislators pointing out how this would affect the City's CIP plans for the future.
The Council agreed for Staff to prepare a letter.
Pederson stated with respect to the Hamel Library he had been contacted by the Hamel
Business Association President to look at Hamel Legion Park sites and requested
Medina City Council Meeting Minutes
March 1, 2011
54
direction from Council. Weir stated it would be nice to keep the library on the main
street if it was possible.
Martinson summarized what was happening at the Lake Minnetonka Cable Commission.
She noted the Commission was looking at a fiber optic network and determining if there
was a franchise that would be able to provide those types of services.
Crosby expressed concern that the fiber optic system should not be put in the City's
credit as a last resort. He understood in some cases that the bonds were ultimately
backed by the cities if there were not sufficient subscribers. He noted they needed to
look at potential liability for the City.
Crosby stated he had taken the Land Use Basics test online and encouraged the
remaining Councilmembers to take the test, which would help with the insurance rating.
He indicated he was receiving a lot of material on Minnehaha Creek Watershed
District's rule changing procedure. He advised staff to pay attention to the items.
Crosby stated he would not be at the next meeting and if the cemetery issue came back
he would like a discussion on good practices.
XII. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Siitari, to approve the bills, EFT 001037-001050 for
$68,801.07 and order check numbers 036597-036657 for $92, 727.38, and payroll EFT
503325-503351 for $46,460.76. Motion passed unanimously.
XIII. ADJOURN
Moved by Weir, seconded by Pederson, to adjourn the meeting at 9:30 p.m. Motion
passed unanimously.
Attest:
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
March 1, 2011
55
ORDER CHECKS February 11, 2011 - February 24, 2011
036597 MN CHIEFS OF POLICE ASSN $345.00
036598 MINNEAPOLIS LAESTSTADIAN $150.00
036599 Office of Child Support Enforc $240.00
036600 MARLYS THOMAS $500.00
036601 WOODRIDGE CHURCH $150.00
036602 BARTON SAND & GRAVEL $1,088.57
036603 LAWSON PRODUCTS, INC $399.63
036604 ALLINA OCC MED. NW 5685 $20.00
036605 ALLSTAR ELECTRIC $170.28
036606 ASSN OF MN EMERGENCY $35.00
036607 BLACK HILLS AMMUNITION INC $2,242.50
036608 VOID $0.00
036609 CARLSON BUILDING SERVICES $494.92
036610 CONSTRUCTION BULLETIN $91.00
036611 CITY OF CORCORAN $855.53
036612 DELL MARKETING L.P $1,459.09
036613 DPC INDUSTRIES INC $468.00
036614 GILLUND ENTERPRISES $95.65
036615 GOPHER STATE ONE CALL $140.80
036616 HD SUPPLY WATERWORKS $698.81
036617 HENRYS WATERWORKS INC $417.30
036618 HONEST AUTO LLC $72.23
036619 INDUSTRIAL SUPPLY CO., INC $45.51
036620 INTERSTATE BATTERY SYSTEM $135.68
036621 JOHN HENRY FOSTER $2,124.74
036622 KENNEDY & GRAVEN $7,823.92
036623 KOTHRADE SEWER, WATER & $840.00
036624 LANGUAGE LINE SERVICES $67.70
036625 LAW ENFORCEMENT $625.22
036626 LORETTO VOLUNTEER $19,252.63
036627 CITY OF MAPLE PLAIN $292.03
036628 MARCO (LEASE) $510.50
036629 MARCO INC $324.22
036630 METRO AREA MGRS ASSN $45.00
036631 METRO WEST INSPECTION $6,135.42
036632 MILL CITY SECURITY $255.86
036633 CITY OF MINNETRISTA $995.64
036634 MINUTEMAN PRESS $370.85
036635 MN COUNTY ATTORNEYS ASN $29.93
036636 MN GOVERNMENT FINANCE $60.00
036637 MN MAYORS ASSOCIATION $20.00
036638 MN POLICE RESERVE OFFICERS $45.00
036639 CITY OF MOUND $1,802.79
036640 NELSON ELECTRIC MOTOR $250.00
036641 NORTH MEMORIAL $350.00
036642 NORTHWEST ASSOC $6,181.05
036643 OFFICE DEPOT $68.71
036644 ON SITE SANITATION $42.75
036645 ORONO, CITY OF $963.36
036646 CITY OF ROGERS $2,735.00
036647 ROLF ERICKSON $6,232.83
036648 S & S SPECIALISTS $637.50
036649 SOUTH LAKE MTKA. POLICE $2,219.83
036650 SPRINT $781.17
036651 STREICHER'S $78.98
036652 SUN PRESS & NEWSPAPERS $105.93
036653 TIMESAVER OFFSITE $251.25
036654 VALLEY NATL GASES LOC93 $198.97
036655 WEST HENNEPIN PUBLIC $1,070.85
036656 WESTSIDE WHOLESALE TIRE $29.28
036657 BONESTROO INC $18,592.97
Total Order Checks $92,727.38
Medina City Council Meeting Minutes
March 1, 2011
56
E-CHECKS February 11, 2011 — February 24, 2011
001037E PR PERA $12,167.10
001038E PR FED/FICA $11,851.59
001039E PR MN Deferred Comp $1,175.00
001040E PR STATE OF MINNESOTA $2,788.37
001041E CITY OF MEDINA $20.00
001042E FARMERS STATE BANK OF $20.00
001043E ACCLAIM BENEFITS LLC $1,579.45
001044E HEALTHPARTNERS $30,724.60
001045E AFLAC $149.46
001046E MINNESOTA, STATE OF $2,056.00
001047E ACCLAIM BENEFITS LLC $4,609.75
001048E HARTFORD LIFE $624.75
001049E PITNEY BOWES POSTAGE BY $1,000.00
001050E FARMERS STATE BANK OF HAMEL $35.00
Total Order Checks $68,801.07
PAYROLL DIRECT DEPOSIT February 11, 2011 — February 24, 2011
503325 ADAMS, CHAD M. $2,844.06
503326 BARNHART, ERIN A $1,452.91
503327 BELLAND, EDGAR J $2,433.23
503328 BOECKER, KEVIN D $1,969.55
503329 CONVERSE, KEITH A. $3,854.08
503330 COONEY, DALE T. $472.16
503331 DAY, JEANNE M $2,144.94
503332 DINGMANN, IVAN W. $1,684.63
503333 DOMINO, CHARMANE $1,815.21
503334 FINKE, DUSTIN D $1,906.41
503335 GALLUP, JODI M. $1,434.15
503336 GLEASON, JOHN M. $1,794.33
503337 GREGORY, THOMAS $1,733.81
503338 HALL, DAVID M. $1,717.44
503339 JESSEN, JEREMIAH S. $1,455.38
503340 KLAERS GROTHE, ANNE M. $583.46
503341 KORDIAK, JEFFREY $500.25
503342 LANE, LINDA $1,306.93
503343 LEUER, GREGORY J. $1,701.84
503344 MCGILL, CHRISTOPHER R $1,743.06
503345 NELSON, JASON $2,314.06
503346 PETERSON-DUFRESNE, DEBRA $1,471.18
503347 PORTINEN, TERI $1,343.52
503348 REINKING, DEREK M $1,496.80
503349 SCHERER, STEVEN T. $1,987.43
503350 VIEAU, CECILIA M $1,119.08
503351 VINCK, JOHN J $2,180.86
Total Payroll Direct $46,460.76
Medina City Council Meeting Minutes
March 1, 2011