Loading...
HomeMy Public PortalAbout04/19/2016 City Council Minutes" MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 19, 2016 The City Council of Medina, Minnesota met in regular session on April 19, 2016 at 7:03 p.m. in the City Hall Chambers. Mayor Mitchell presided. I. ROLL CALL Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. Members absent: None. Also present: City Administrator Scott Johnson, City Attorney Andrew Biggerstaff, City Engineer Tom Kellogg, City Planner Dusty Finke, Public Works Director Steve Scherer, and Recording Secretary Amanda Staple. II. PLEDGE OF ALLEGIANCE (7:03 p.m.) III. ADDITIONS TO THE AGENDA (7:03 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:03 p.m.) A. Approval of the April 5, 2016 Regular City Council Meeting Minutes It was noted on page four, line 29, it should state, "... previously had agreed..." On page four, line four, it should state, "...formal final..." On page four, line four, it should state, "He noted that the applicant would be required to obtain the proper permits would need to be obtained from the City of Orono..." On page five, line eight, it should state, "...with the substantial items that arc..." On page seven, line six, it should state, "... after in the future. He noted that the City does have has..." On page six, line 18, it should state, "...has made their members have reached..." On page six, line 31, it should state, "...for to..." On page six, line 33, it should state, "...to state what amount lae is reque tth of reduction the applicant requests with respect to the connection fees to be reduced. On page six, line 48, it should state, "...development developments..." Moved by Anderson, seconded by Pederson, to approve the April 5, 2016 regular City Council meeting minutes as amended. Motion passed unanimously. Mitchell abstained. B. Approval of the April 6, 2016 Special City Council Meeting Minutes Moved by Anderson, seconded by Cousineau, to approve the April 6, 2016 special City Council meeting minutes as presented. Motion passed unanimously. Mitchell abstained. V. CONSENT AGENDA (7:07 p.m.) A. Approve E-Poll Book Agreement with Hennepin County B. Approve Fuel Dispensing System Services Agreement with Beaudry Oil & Propane C. Resolution No. 2016-29 Accepting Donations for New Scoreboard and Installation Supplies D. Authorize Purchase of Scoreboard and Installation Supplies Medina City Council Meeting Minutes 1 April 19, 2016 E. Approve Ball Field Rental Agreement with Orono Baseball Association F. Approve Butterfly Garden Quote with Designing Nature G. Approve Wetland Replacement Plan for Deer Hill Preserve Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion passed unanimously. VI. COMMENTS (7:08 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer reported that the Commission will meet the following night to review the Dellcroft Concept Plan, the Comprehensive Plan process, scoreboard graphics, and the proposed location of the butterfly nectar garden. He advised of the tentative date of the spring park tour and noted that the Commission will also discuss that. C. Planning Commission Planning Commissioner White provided an update of the meeting of the Planning Commission the previous week. She stated that the Commission considered the Dellcroft Concept Plan noting that many residents spoke against the proposed development. She stated that the Commissioners believed that the rezoning of the north half should not be considered until after the Comprehensive Plan has been updated. She stated that some Commissioners felt that there were not enough areas to be preserved for the south half to be considered as a conservation design PUD, although some Commissioners did feel supportive. She stated that an amendment to the Clydesdale PUD was considered and recommended for approval. VII. NEW BUSINESS A. Dellcroft PUD Concept Plan Review — West of Arrowhead Drive, North and South of Hamel Road (7:12 p.m.) Martin recused herself from the discussion because of a potential conflict of interest. Johnson noted that this Concept Plan would include a 161 lot residential development north of Hamel Road as well as a 22-lot conservation design Planned Unit Development (PUD) south of Hamel Road. Mitchell noted that all four of the Councilmembers at the table were present at the Planning Commission meeting the previous week to hear the comments of the residents and advised that this is not a public hearing. Finke stated that he would be brief in his presentation as the Council and majority of the residents present attended the Planning Commission meeting the previous week. He stated that the report referenced the proposed development north of Hamel Road and south of Hamel Road separately because they are different types of development. He noted that the parcel to the north of Hamel Road would be proposed to have 109 single- family homes and 30 townhomes while the property south of Hamel Road would be proposed as a conservation design PUD, with 22 single-family homes. He noted that in order to support the proposed development to the north of Hamel Road an amendment • Medina City Council Meeting Minutes 2 April 19, 2016 " to the Comprehensive Plan would be necessary. He provided an aerial view of the site, noting the wetlands and wooded areas as well as a ravine, which bisects the southern property. He displayed the Concept Plan and provided the typical dimensions of the lots for both the north and south parcels. He noted that the existing Comprehensive Plan as well as the draft Comprehensive Plan identify the parcels as rural residential and advised that the applicant would be requesting a rezoning to low density residential. He noted that the northern parcel would contain an open space central corridor of 12 buildable acres and advised that the proposed PUD would allow for a mix of housing types. He stated that the southern parcel would be requesting the maximum allowed density bonus of 200 percent in order to go from the 11 allowable lots that the applicant states to the 22 proposed lots. He stated that staff and the applicant reviewed the site to identify the conservation objectives that exist on the property and that would be the focus of conservation should this move forward as a conservation design PUD. He noted that this is simply a Concept Plan review and no formal action is needed. He reviewed the actions that would ultimately be necessary to allow this development as proposed if the applicant does submit a formal application. He noted that the minutes of the Planning Commission meeting were included in the Council packet along with additional letters received from residents after that meeting. Mitchell asked for clarification as to the base density of the southern parcel, whether that would be 5 lots or 11 lots. Anderson explained that one figure referenced the buildable acreage included in the conservation easement, while the other included the entire acreage. Paul Robinson, representing the applicant, stated that they heard from the Planning Commission that there is not a lot of support for this and that is why they are not making a formal presentation. He stated that they understand the opposition to the density proposed and advised that they do not intend to apply for a Comprehensive Plan amendment. He stated that this is a property bordered by commercial/industrial uses on two sides and noted that perhaps this is an opportunity to consider the buffer use that could exist on that property. He stated that they do not intend to submit an application for the higher density residential development. Mitchell asked if the applicant would be moving forward with the southern portion of development. Robinson stated that the agreement with the landowner was for both parcels and therefore they will not be submitting an application. Mitchell stated that the Planning Commission took no action and the Council will take no action but will provide input. Paul Crosby asked if the developer has seen the letters written by the neighbors. Robinson confirmed that he has received copies of the letters. Pederson stated that this is a wonderful developer and probably one of the best in the state. He was pleased to hear that the developer has taken the northern portion off of the table. He believed that the developer has a right to develop the southern portion of Medina City Council Meeting Minutes 3 April 19, 2016 the property, but noted that it is yet to be seen as to whether the density bonus would be allowed. Cousineau agreed that she was relieved that the northern portion has been removed from the table. She stated that she struggles with finding something ecologically significant to conserve on the property outside of the high quality wetland and would struggle to reach a 200 percent density bonus. She noted that conventional design would preserve a great deal of the property. She agreed that the developer builds a great product, noting that she lives in a product of the developer. Anderson stated that he is reluctant to grant a density bonus to any developer, even to this great developer. He stated that he might agree to some degree of a density bonus and perhaps staff could provide a recommendation. He noted that Medina is open to business when it comes to development, even during the process of updating the Comprehensive Plan. He encouraged the developer to bring forward an application, if it can fit within the confines of the current Comprehensive Plan. Mitchell stated that the property to the north is a difficult piece of land, with the neighboring land uses. He stated that from an overall point of view the City has a great deal of land south of 55, east of this location, which is not developed and could perhaps be a better fit. He stated that in regard to the southern parcel he is aware of the five - acre lot development, which is classic old-fashioned Medina five -acre or larger development. He stated that while this is a great development proposal, it would have a suburban feel and would therefore not fit with the rural residential aesthetic of this area of Medina. He stated that within the rural residential zoning area the key would be fewer houses and not bonus density. Cousineau stated that she does not see justification for a density bonus. She noted that three percent of the entire acreage would be high quality and therefore would not justify a density bonus of more than one house. She stated that this is a special piece of Medina and therefore it would be hard to take away that uniqueness when there are other areas of Medina that would better fit this development. Robinson thanked the Council for their input. Mitchell briefly recessed the meeting at 7:36 p.m. Mitchell reconvened the meeting at 7:42 p.m. Martin rejoined the Council. B. Woodridge Church Addition - Covenant (7:42 p.m.) Johnson explained that there is a covenant for this property, which allows for expansion on the North side of the facility and the applicant would like Council feedback on completing a portion of the expansion on the south side rather than the north. He noted that if the Council is in favor of the concept, then the full public process would need to be followed. Finke stated that there is a covenant against the property that was part of a variance issued which addresses the maximum footprint of the building and parking area. He stated that the applicant first came forward to the Council prior to completing that public • Medina City Council Meeting Minutes 4 April 19, 2016 " process in order to gain the input of the Council in regard to shifting the expansion to the southern side rather than the northern side. He stated that staff does not oppose this request. Mitchell stated that he is not sure he understands the aerial photograph in the diagram and asked for clarification. Finke provided clarification on the aerial photograph. Senior Pastor Paul Johnson stated that this is a natural hilled area and the addition would be less visible to the neighbors. Martin asked for and received confirmation that the main entrance to the church would be enhanced. She stated that she likes how the church is nestled into the hill and does not jump out from the roadway. She stated that she is concerned with adding that mass close to County Road 24 as it would make the church more visible from the roadway. She noted that the neighbors to the back are already aware of future expansion in that area. She asked for the estimated height and whether the addition would be visible from the roadway. Senior Pastor Johnson estimated six to eight feet above the brim line of the roadway, which would be hard to see from the roadway and confirmed that the addition would not be visible from the roadway. He advised that the berm would still provide screening along with an additional retaining wall, noting the drop in elevation. He noted that they would not be creating additional parking. Mitchell stated that the church is not visible from the roadway and therefore would see no problem with this request being submitted and going before the Planning Commission. He noted that the total amount of the variance is not being increased but simply shifted. Martin stated that she would be concerned that citizens could react negatively as everyone has already agreed to the covenant. Mitchell stated that the City is obliged to consider the request. Anderson asked if the original covenant restricts development to the south and requires all the development to be to the north. Finke stated that the covenant restricts the expansion to the north as specified but allows for a request for amendment such as this. Cousineau disclosed that she is a member of the church but does not have a financial interest in this matter. Senior Pastor Johnson noted that this request would still meet the explicit language of the covenant and the intent of the Church was that the picture provided was not exact. He stated that they are attempting to build less in the back to provide Tess of an impact to the neighbors to the back. Medina City Council Meeting Minutes 5 April 19, 2016 Martin noted that she is not aware of the details of the settlement and simply does not want to upset those that were involved. Senior Pastor Johnson provided additional details on the settlement noting that it arose from a moratorium the Council enacted and not concerns from the neighboring parcels. Mitchell stated that perhaps the City Attorney could work with the attorney of the applicant to determine what could be done with the existing covenant. Pederson agreed that the City Attorney should review this request and if he approves, the applicant could move this request forward. He stated that he would not oppose the request as long as the parking is made up on the site. Mitchell confirmed that the lawyers should work together to determine what could be done. Finke stated that Batty believes that an amendment to the variance would be needed and that is why this item is before the Council tonight. Biggerstaff stated that Batty's interpretation is that tonight would be a Concept Plan type review and his opinion is that the covenant and settlement agreement would need to be looked at for amendment and should the Council support this request staff can take those additional steps. Martin stated that she will support this but might recant that opinion if there is public opposition. Mitchell stated that there would still be a process for public comment. C. Storm Water Pollution Prevention Plan (SWPPP) — Annual Public Hearing (8:07 p.m.) Scherer provided background information on the MS4 permit, which the City obtains from the Pollution Control Agency (PCA) to operate the storm water facilities in the City. He stated that on a daily basis staff is inspecting storm water sites and construction sites. He highlighted the storm water projects completed in 2015, which include the Independence Beach Road project, Hamel Road/Tower Drive storm water runoff project, replacement and installation of culverts, and continued pond and outfall maintenance. He highlighted some of the projects for 2016 and into the future. He reviewed the minimum control measures specified within the permit that are completed by staff including pollution prevention and housekeeping items, public education and outreach, public participation, illicit discharge detection and elimination, construction site storm water runoff control, and post -construction storm water management. He reviewed the partners in water quality improvements. Mitchell asked if rain gardens have to be maintained. Scherer confirmed that rain gardens do require maintenance. Mitchell asked if there is a difference in phosphorus between cow waste and horse waste. • Medina City Council Meeting Minutes 6 April 19, 2016 " Scherer was not aware of a difference. Mitchell opened the public hearing at 8:17 p.m. No comments made. Mitchell closed the public hearing at 8:17 p.m. Anderson and the Council thanked Scherer for his presentation and the efforts of the public works department. Pederson stated that he is impressed with the projects that the public works department is able to complete in-house, which saves the City a great amount of funds. D. Minnesota Highway Users Tax Distribution Funding (HUTF) Update (8:20 p.m.) Johnson stated that Kellogg will provide a review of the funding mechanism for State aide and how that comes to fruition for the City. Kellogg explained that the State, specifically MSA, distributes the brochure which he included in the Council packet, and identifies the four fund generators. He stated that there are formulas in place, which identify how the funds generated will be distributed. He noted that counties follow a similar process to identify County State Aide (CSA) routes. He stated that Medina receives $250,000 annually, of which $185,000 is money that sits in an account at MSA and builds over time that is used to pay for MSA projects. He noted that the remaining funds, $65,000, are received by the City, via check, to be used for maintenance on MSA routes. Scherer asked how electric cars would factor into this formula as they do not contribute to fuel taxes. Kellogg stated that has not yet been determined. The Council thanked Kellogg for this presentation. Kellogg stated he has been living in Rochester for the past 2.5 years. Kellogg is working with WSB to expand their services in the Rochester area. He stated that he and Jim Stremel will share the responsibilities of the City and Stremel will continue to step up and take over more of the responsibilities for Medina in the future. The Council thanked Kellogg for his service through the years and his continued service. Mitchell asked what the big projects will be this year. Scherer replied that there will not be large projects this year and therefore staff will follow-up on other maintenance items. Mitchell stated that he spoke with a representative from Orono that is aware of their poor road conditions and that Medina is maintaining their portions of the roadways that lead into Orono. Medina City Council Meeting Minutes 7 April 19, 2016 Scherer stated that staff will continue to attempt to work with Orono. VIII. CITY ADMINISTRATOR REPORT (8:30 p.m.) Johnson reported that Clean -Up Day will be held April 30th from 8:00 a.m. to Noon at the 600 Clydesdale facility. IX. MAYOR & CITY COUNCIL REPORTS (8:31 p.m.) Anderson noted that he recently attended the Long Lake pancake breakfast, which had a great turnout. He asked how many trees would be available at Clean -Up Day. Scherer replied that 150 or 160 trees will be available. Mitchell stated that he attended the Mayors' Dinner, at which there was a presentation regarding railway safety. He noted that rail oil mileage has decreased this year. X. APPROVAL TO PAY THE BILLS (8:33 p.m.) Moved by Anderson, seconded by Martin, to approve the bills, EFT 003609E-003628E for $60,042.92, order check numbers 44189-44247 for $110,585.10, and payroll EFT 507073-507104 for $51,847.93. Motion passed unanimously. XI. ADJOURN Moved by Martin, seconded by Pederson, to adjourn the meeting at 8:34 p.m. Motion passed unanimously. 97t/EzLLt Bob Mitchell, Mayor Attest: Jodi M. allup, City Clerk • Medina City Council Meeting Minutes 8 April 19, 2016 " " ORDER CHECKS APRIL 5, 2016 - APRIL 19, 2016 44189 AMIC, LISA/AARON $4,907.00 44190 CEDAR HOLLOW HOA $250.00 44191 CENTURYLINK $200.40 44192 CHILLARIGI, HARISH $150.00 44193 J.T. MILLER COMPANY $2,000.00 44194 LENNAR (US HOME CORP) $41.95 44195 MATTAMY MINNEAPOLIS PRTNSHP $89.50 44196 MN DEPT OF PUBLIC SAFETY(DMV) $20.75 44197 PATRIN,TABITHA $250.00 44198 WIYNINGER, GRACE $250.00 44199 ADAMS PEST CONTROL INC $99.00 44200 AFO CONSULTANTS $4,270.00 44201 ALLINA HEALTH $20.00 44202 ALLSTAR ELECTRIC $603.09 44203 BIFFS INC $247.30 44204 BLUE CROSS BLUE SHIELD OF MN $33,233.00 44205 BUDGET PRINTING $280.95 44206 CANVAS SOLUTIONS, INC $372.00 44207 CAREFREE SERVICES INC $969.00 44208 CENTERPOINT ENERGY $1,451.53 44209 ECM PUBLISHERS INC $213.71 44210 GOPHER STATE ONE CALL INC $262.45 44211 GRAINGER $370.39 44212 HAMEL BUILDING CENTER $435.00 44213 HARMON AUTOGLASS $462.50 44214 HENN COUNTY INFO TECH $923.41 44215 HIGHWAY 55 RENTAL $123.00 44216 J.O.T.S. COMPUTER SERVICES INC $150.00 44217 LEAGUE OF MINNESOTA CITIES $40.00 44218 LEXISNEXIS $38.50 44219 MAPLE PLAIN, CITY OF $515.93 44220 MET COUNCIL (SAC) $9,815.75 44221 MET COUNCIL (WASTEWATER SVC) $22,637.15 44222 MN BCA (BUR CRIM APP) $65.00 44223 MN BOARD OF PEACE OFFICERS $450.00 44224 MN DEPT OF HEALTH $9,107.52 44225 NAPA OF CORCORAN INC $566.76 44226 NORDGREN AUTOMATIVE INC $1,335.34 44227 NORTH MEMORIAL EMS EDUCATION $50.00 44228 OFFICE DEPOT $294.03 44229 ORONO, CITY OF $697.91 44230 PERRYS TRUCK REPAIR & WELDING $400.00 44231 PITNEY BOWES $337.00 44232 READY WATT ELECTRIC $2,860.00 44233 RUSSELL SECURITY RESOURCE INC $230.00 44234 SAMS CLUB $156.92 44235 SIRCHIE FINGER PRINT LAB $119.70 44236 STREICHERS INC $1,395.46 44237 SUPPLY SOLUTIONS LLC $381.24 44238 TACTICAL SOLUTIONS $282.00 44239 TALLEN & BAERTSCHI $4,388.87 44240 TASER INTERNATIONAL $144.40 44241 TIME SAVER OFFSITE SEC SVCS IN $136.00 44242 TOLL GAS & WELDING SUPPLY $9.53 44243 TOWMASTER INC $675.54 44244 ULINE $156.62 44245 VESSCO, INC $327.00 44246 FARUQUE, KAISER $175.00 44247 JAIDKA, ANURAG $150.00 Total Checks $110,585.10 *REPLACES CK #43854 Medina City Council Meeting Minutes 9 April 19, 2016 ELECTRONIC PAYMENTS APRIL 5, 2016 — APRIL 19, 2016 003609E PR PERA $15,191.24 003610E PR FED/FICA $16,530.63 003611E PR MN Deferred Comp $2,260.00 003612E PR STATE OF MINNESOTA $3,399.25 003613E SELECT ACCOUNT $793.12 003614E CITY OF MEDINA $19.00 003615E FARMERS STATE BANK OF HAMEL $20.00 003616E FARMERS STATE BANK OF HAMEL $35.00 003617E CIPHER LABORATORIES INC. $5,889.56 003618E CULLIGAN-METRO $31.80 003619E FRONTIER $55.66 003620E MARCO (LEASE) $868.46 003621E MEDIACOM OF MN LLC $277.98 003622E PAYMENT SERVICE NETWORK INC $367.15 003623E PITNEY BOWES POSTAGE BY PHONE $1,000.00 003624E PIVOTAL PAYMENTS INC $269.37 003625E PREMIUM WATERS INC $176.09 003626E SELECT ACCOUNT $850.18 003627E XCEL ENERGY $9,385.97 003628E ELAN FINANCIAL SERVICE $2,622.46 Total Electronic Checks $60,042.92 PAYROLL DIRECT DEPOSIT APRIL 6, 2016 507073 ALTENDORF, JENNIFER L $1,314.63 507074 ANDERSON, JOHN G $230.87 507075 BARNHART, ERIN A. $1,965.67 507076 BELLAND, EDGAR J $2,522.48 507077 BOECKER, KEVIN D. $2,332.89 507078 CONVERSE, KEITH A $3,896.94 507079 COUSINEAU, LORIE K. $230.87 507080 DINGMANN, IVAN W $1,586.38 507081 DOMINO, CHARMANE $1,766.60 507082 ENDE, JOSEPH $1,614.62 507083 FINKE, DUSTIN D. $2,110.19 507084 GALLUP, JODI M $1,667.32 507085 GLEASON, JOHN M. $2,376.54 507086 GREGORY, THOMAS $1,809.42 507087 HALL, DAVID M. $3,532.72 507088 JESSEN, JEREMIAH S $2,201.21 507089 JOHNSON, SCOTT T. $2,271.25 507090 KLAERS, ANNE M $1,116.32 507091 LANE, LINDA $1,506.20 507092 LEUER, GREGORY J. $1,922.22 507093 MARTIN, KATHLEEN M $230.87 507094 MCGILL, CHRISTOPHER R $1,435.40 507095 MCKINLEY, JOSHUA D $1,327.99 507096 MITCHELL, ROBERT G. $327.07 507097 NELSON, JASON $2,578.96 507098 PEDERSON,JEFF $221.28 507099 PETERSON, DEBRA A $1,614.14 507100 REINKING, DEREK M $1,606.01 507101 SCHERER, STEVEN T. $2,319.30 507102 STAPLE, AMANDA $485.22 507103 VIEAU, CECILIA M. $1,194.36 507104 WENANDE, BRANDON S $531.99 Total Payroll Direct Deposit $51,847.93 Medina City Council Meeting Minutes 10 April 19, 2016