HomeMy Public PortalAbout05/07/2013 CCMMEDINA CITY COUNCIL MEETING MINUTES OF MAY 7, 2013
The City Council of Medina, Minnesota met in regular session on May 7, 2013 at 7:00
p.m. in the City Hall Chambers. Mayor Weir presided.
I. ROLL CALL
Members present: Weir, Pederson, Martinson, Anderson, and Martin.
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planner Dusty
Finke, Public Works Superintendent Steve Scherer, City Administrator Scott Johnson,
Police Chief Ed Belland, and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE & CEREMONIAL MATTERS
A. Oath of Office for Mayor Elizabeth Weir
Johnson administered the oath of office to Mayor Elizabeth Weir.
B. Oath of Office for Councilmember Kathleen Martin
Johnson administered the oath of office to new Councilmember Kathleen Martin.
III. ADDITIONS TO THE AGENDA
Johnson asked to add an item under New Business, D, Public Hearing Creating a
Stormwater Taxing District for the Fields of Medina.
The agenda was accepted as amended.
IV. APPROVAL OF MINUTES
A. Approval of the April 16, 2013 Special City Council Meeting Minutes
Moved by Pederson, seconded by Martinson, to approve the April 16, 2013 special City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the April 16, 2013 Regular City Council Meeting Minutes
It was noted on page three, line 16, it should state, "...mute moot..." On page six, line
26, it should state, "...also paving on VV-illew Chippewa..." On page seven, line 43, it
should state, "...Prevention..." On page seven, line 45, the following sentence should
be deleted, "
and then in tho next ccntcncc placod in tho position to make the decisiono." On page
nine, line 45, it should state, "...dissolution of the Hamel department..." On page 13,
line 48, it should state, "...and wanted to ensure that avoid too long of a timeline as that
would cause frustration with the Loretto..."
Moved by Anderson, seconded by Pederson, to approve the April 16, 2013 regular City
Council meeting minutes as amended. Motion passed unanimously.
Medina City Council Meeting Minutes 1
May 7, 2013
V. CONSENT AGENDA
A. Appoint Betty Goodman as the Alternate Lake Minnetonka Cable
Commission (LMCC) Member
B. Approve Raffle Permit to Minnesota Utility Contractors Association at 2935
Parkview Drive on June 18, 2013
C. Approve Withdra. eel 1 etter from the 1 ake Minnetonka Cable Commission
(-MCC)
D. Approve National Insurance Services Insurance Trust Joinder Agreement
for Long-term Disability Insurance
E. Approve Sewer Access Agreement with Money Tree Holdings LLC
F. Resolution No. 2013-27 Approving Proposed Transfers, Loans, and Uses of
Fund Reserves
G. Resolution No. 2013-28 Accepting Donation from Thomas M. Crosby, Jr.
H. Resolution No. 2013-29 in Support of Statewide Transportation Funding for
Cities
I. Schedule Concurrent Meeting with the Park Commission for the Park Tour
on May 15, 2013 at 5:30 p.m.
J. Ordinance No. 548 Adopting an Amended Fee Schedule
Weir requested to pull Item C, Approve Withdrawal Letter from the Lake Minnetonka
Cable Commission (LMCC), for further discussion.
Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion
passed unanimously.
C. Approve Withdrawal Letter from the Lake Minnetonka Cable Commission
(LMCC)
Weir stated that she believed the letter contained a strident tone that she did not feel
necessary. She felt that the letter read better and more professionally without the
underlining and italics. She suggested one minor change to the language.
Moved by Anderson, seconded by Martinson, to approve the withdrawal letter from the
Lake Minnetonka Cable Commission (LMCC) as revised. Motion passed
unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Commissioner Olkon stated that the Park Commission will soon meet jointly with the
City Council and Planning Commission to tour six city parks. He stated that the majority
of the last meeting was spent discussing the Toll Brothers development and whether to
accept cash or land in terms of park dedication, noting that the Commission is
recommending cash. He noted that there was also a review of the Park and Trails
Master Plan.
Weir confirmed that the Park Tour would be held the following Wednesday at 5:30 p.m.
Medina City Council Meeting Minutes 2
May 7, 2013
C. Planning Commission
Finke reported that the Commission would meet the following week to hold four public
hearings for different variance requests, noting that two of the items had been continued
from the previous meeting.
VII. PRESENTATION
A. Presentation on Childhood Obesity from Medina Resident Amogh Kulkarni,
Greenwood Elementary, for Destination Imagination Project Outreach
Weir stated that she has been contacted by Amogh Kulkarni, whose fourth grade group
will be going to the global competitions for Destination Imagination Project.
Amogh Kulkarni thanked the City Council for their time tonight to make this presentation.
He stated that his group will present their project regarding childhood obesity at the
global finals for the Destination Imagination Project. The children in the group provided
additional information on healthy eating habits for children and their outreach efforts.
B. Resolution No. 2013-30 Recognizing Sergeant Jason Nelson for Exemplary
Service to the Medina Police Department as He Filled the Position of Acting
Police Chief for 10 Weeks While the Chief Attended the FBI National
Academy
Weir reported that Sergeant Jason Nelson filled the position of Belland while he was
away for 10 weeks at the FBI National Academy and commended him for his efforts.
She read the Resolution recognizing Sergeant Nelson for his efforts.
Moved by Martin, seconded by Anderson, to approve Resolution No. 2013-30
recognizing Jason Nelson's exemplary service to the Medina Police Department.
Motion passed unanimously.
Weir presented the Resolution to Sergeant Nelson and thanked him for his service.
Belland stated that he owes Nelson a personal thank you for all of the items he was able
to coordinate during this busy spring time. He advised that Nelson has also taken the
lead on the building plans for the new police facility. He stated that he enjoys working
with Nelson and believes he is valuable to the City.
C. Resolution No. 2013-31 Recognizing Debra Peterson for Five Years of
Service to the City of Medina
Weir read the Resolution recognizing Debra Peterson for five years of service to the City
as an Assistant Planner.
Moved by Anderson, seconded by Martinson, to approve Resolution No. 2013-31.
recognizing Debra Peterson for Five Years of Service. Motion passed unanimously.
Weir presented the Resolution to Debra Peterson and thanked her for her service.
Finke stated that Debra Peterson has a unique position in the wide range of duties she
performs and thanked her for her service.
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May 7, 2013
D. Resolution No. 2013-32 Recognizing and Honoring Mayor Thomas M.
Crosby, Jr. for Dedicated Service to the City of Medina
Weir read the Resolution recognizing and honoring Mayor Thomas M. Crosby, Jr. for his
dedicated service to the city of Medina. She reviewed his tenure with the City on
advisory Boards and Commissions and then onto the City Council and as Mayor. She
recognized his many achievements throughout the years and thanked him for his
dedication.
Mayor Crosby expressed regret that he had to step down but stated that due to his
health the decision was made.
Moved by Anderson, seconded by Martinson, to approve Resolution No. 2013-32
Recognizing and Honoring Mayor Thomas M. Crosby, Jr. for Dedicated Service to the
City of Medina. Motion passed unanimously.
E. Steve McDonald, Abdo, Eick, and Meyer — 2012 Annual Financial Report
Steve McDonald presented the 2012 Annual Financial Report, noting that the City has
earned a clean opinion with no findings. He recognized the size of the City and how
rare it is for a city of this size to not have any financial findings. He briefly reviewed the
highlights of the Report and the changes with GASB67. He commented on the ease of
the process and believed that the use of Joe Rigdon on the financial team assists in that
process.
Moved by Martinson, seconded by Pederson, to accept the 2012 Annual Financial
Report. Motion passed unanimously.
VIII. NEW BUSINESS
A. The Enclave at Brockton 3rdAddition
Finke presented a request for Final Plat approval for The Enclave at Brockton 3rd
Addition, noting that the Council adopted Resolution 2012-36 on July 17, 2012, which
granted Preliminary Plat approval. He noted that the construction plans were slightly
different from the approved Preliminary Plat to shift sidewalks to the outside of Cypress
Circle North loop as requested by staff. He advised that staff believes that the
conditions have either been met or have continued from the Preliminary Plat and
recommends approval of the Resolution as amended by staff today to correct the legal
description of the property.
1. Resolution No. 2013-33 Granting Final Plat Approval for The Enclave at
Brockton 3rd Addition
Moved by Martinson, seconded by Pederson, to approve Resolution No. 2013-33
Granting Final Plat Approval of the Enclave at Brockton 3rd Addition, as amended by
staff. Motion passed unanimously.
Weir stated that she is interested in having the Council review future management of
stormwater ponds at an upcoming meeting. She stated that she would like to work with
staff to develop a policy, which requires regular reporting from the Homeowners
Associations that are responsible for the management of the stormwater ponds. She
believed that if appropriate management does not occur, the City could complete that
action and charge the associations.
Medina City Council Meeting Minutes 4
May 7, 2013
2. Development Agreement by and between the City of Medina and
U.S. Home Corporation for the Enclave at Brockton 3'd Addition
Moved by Anderson, seconded by Martinson, to approve the Development Agreement
by and between the City of Medina and U.S. Home Corporation for the Enclave at
Brockton 3'd Addition. Motion passed unanimously.
B. Reserve of Medina — Toll Brothers — Preliminary Plat and Rezoning —126
lots — East of CR 116, South of Hackamore
Pederson recused himself from the discussion because of the proximity of the project to
his home.
Finke summarized the proposed project site for a proposed 126 single-family homes
with one lot to be used for a private pool. He explained that the requests include a
rezoning of the property to R1, the Preliminary Plat request, as well as a request for a
driveway setback waiver. He explained that the applicant is requesting side load
garages and noted that the proposed dimensions would allow the construction of side
loading garages. He advised that the Planning Commission did discuss the inclusion of
additional language in the Ordinance which would allow for the dimensions proposed to
be used for side loading garages, and although he believed that the Planning
Commission was ultimately in favor of the item the change was not yet made and
explained that the driveway setback waiver would allow this development to continue.
He stated that staff would recommend that future phases be spaced differently in order
to line up developments. He advised that the City did review a Concept Plan the
previous fall and noted that most of the comments received at that time were
incorporated into the Preliminary Plat request. He referenced the southeast corner of
the site, which is wetland and will be considered open space. He explained that staff
and the Planning Commission recommend the City accept that land as public open
space in order for the applicant to remove that portion from their density calculations.
He continued to review the requests including wetlands and floodplains, transportation
and streets, stormwater and utilities, and tree preservation and landscaping; noting any
items of note or additional conditions recommended in the staff report. He stated that
staff does recommend approval of the request as presented in the staff report.
Anderson stated that he has serious reservations with the recommendation from the
Park Commission as he believed that there should be a park within the development.
He stated that there are a lot of great parks in Medina but not within this area of the city.
He recognized the amount of money that would be obtained through park dedication but
believed a park would be priceless.
Weir noted that there would be an open space area within the development.
Martinson commented on the discussion from the Park Commission meetings and
believed that this development is about one half mile from another park.
Finke provided additional information on the Concept Plan, which was reviewed and
noted that although this development falls outside of the half -mile radius, the feedback
from the Council and Commission at the previous review was not to require parkland.
He noted that if you were to take four or five acres from the site to create a park the site
would need to be reconfigured.
Medina City Council Meeting Minutes 5
May 7, 2013
Weir referenced discussion from a previous Commission meeting where it was found to
be acceptable for outlot C to become an open space area where a ball could be thrown
around.
Martin referenced lot 12, which will be used to create a pool and tot lot.
Anderson stated that he spoke with the Planning Commission and believes that the City
is at a loss for parks within PUDs. He believed that going forward thought should be
placed into parks within PUDs.
Weir noted that additional land could be taken from the "tuning fork" area when that
portion develops but did not think that it would be appropriate to ask the developer to
change the direction this late in the game when conflicting direction had been given.
Martin referenced outlot F, with one wetland identified and questioned if that would be a
stormwater pond or whether it would be wet when draining and dry in other times. She
reviewed the other outlots identified and confirmed their purposes. She asked other
green space where children could gather and play.
Matt Duenwald, engineer for the project, noted that Outlot F will be the biggest
stormwater pond. He stated that the development is already at the lowest density
allowed to meet the City code. He noted that outlot C and the tot lot would be provided
for children to play. He also discussed the proposed grading for outlot C.
Martinson stated that there is a great park on the west side of CR 116 and questioned if
it would be able to install an elevated walkway across the roadway to allow children to
cross.
Duenwald stated that would be a challenge with Hennepin County.
Jim Helper, Toll Brothers, noted that it is a bit late in the game for that type of request
and explained that the cost would be into the millions.
Weir noted that there is a wonderful wild area for kids to play and use their imaginations.
She also noted the possibility of expanding outlot C in the future when the other property
develops.
Helper confirmed that he would be meeting with that landowner the following day to
continue discussions.
Weir agreed that open space and parks could be included more assertively on future
PUDs.
Martin agreed that should remain a focus in the future.
Weir confirmed that staff would keep an eye out regarding drainage issues on the site
that could affect the neighboring development.
Medina City Council Meeting Minutes 6
May 7, 2013
Jill Voltin, 630 Shawnee Woods Road, referenced the wooded area that was referenced
as a play area for children and noted that the area goes into a large pond and is not
safe for children to play. She questioned how the wooded area would be bordered from
her property.
Weir stated that the applicant could be asked to install a fence along that area.
Helper stated that he would consider that.
Moved by Martin, seconded by Martinson, to direct staff to prepare a resolution of
approval with the discussed terms and conditions to rezoning request for the Reserve of
Medina. Motion passed unanimously.
Moved by Martin, seconded by Anderson, to direct staff to prepare a resolution of
approval for the Preliminary Plat request from Toll Brothers. Motion passed
unanimously.
Moved by Martinson, seconded by Anderson, to direct staff to include the driveway
setback waiver in the Preliminary Plat Resolution of approval. Motion passed
unanimously.
C. Resolution Amending 2013 Appointments and Designations to Various City
Services, Authorities, Commissions, and Agencies
Johnson presented the Resolution for the appointments, which had been updated due to
the changes made recently to the City Council and Mayor Positions.
Weir called for nominations for the Acting Mayor position.
Moved by Martinson, seconded by Anderson, to nominate Anderson for the position of
Acting Mayor.
Moved by Pederson, seconded by Martin, to nominate Pederson for the position of
Acting Mayor.
Johnson completed a ballot vote and the results were 4-1 in favor of Anderson for the
position.
Weir reviewed the other proposed appointments.
Batty noted that Martin would still need to formally resign from the Planning Commission
before a vacancy would be created on that Commission.
Weir suggested delaying action on this item until Martin has formally resigned from the
Planning Commission but noted that Weir would not be present at the next meeting and
advised that the Acting Mayor position should be voted on tonight.
Moved by Martinson, seconded by Anderson, to approve appointing John Anderson as
the Acting Mayor for 2013. Motion passed unanimously.
Medina City Council Meeting Minutes 7
May 7, 2013
D. Public Hearing Creating a Stormwater Taxing District for the Fields of
Medina
Finke noted that this item had been noticed for the public but advised that the Ordinance
was not included in the Council packet. He suggested that the public hearing be
opened with the intention of continuing the hearing at the next Council meeting.
Weir opened the public hearing at 8:55 p.m.
Weir advised that the public hearing would be left open to continue at the next meeting.
Weir briefly recessed the meeting at 8:57 p.m.
Weir reconvened the meeting at 9:01 p.m.
IX. CITY ADMINISTRATOR REPORT
A. Discuss Administrative Permit for an Outdoor Concert at the Medina
Entertainment Center
Johnson reported that he has received a special event permit from the Medina
Entertainment Center to hold an outdoor concert on June 16, 2013. He noted that the
venue expects around. 3,000 people to attend. He advised that staff reviewed and
approved the administrative permit request with the conditions listed in the staff report.
Belland reported that the Medina Entertainment Center has applied for an administrative
permit for an outdoor concert to occur on June 16th, with 3,000 attendees expected. He
stated that the business did hold a similar event in 1998. He stated that his concern
was with the noise and the possible disruption to neighboring properties. He discussed
the proposed layout for the event. He stated that similar hours are allowed for the
Hamel Rodeo, which actually takes place over three days, and noted that although there
are a few noise complaints. He stated that if there are numerous noise complaints the
band will be asked to turn down the music, which has been done at the Hamel Rodeo.
He noted that the special conditions have been included on the permit and just wanted
to brief the Council on the event.
Anderson confirmed that the Medina Entertainment Center would pay for the three
Medina police officers that will attend the event.
Pederson confirmed that there is a special event fee.
X. MAYOR & CITY COUNCIL REPORTS
Weir advised of a meeting she attended with Johnson at St. Anne's regarding the
possibility of senior housing on church owned property.
Pederson stated that he attended the preconstruction meeting with staff for the new
public works and police building and provided a brief update. He noted that he also
attended a meeting with Weir for the Highway 55 Coalition.
Martinson stated that the previous week she attended the water quality conference at
the Independence City Hall and provided a brief update.
Medina City Council Meeting Minutes 8
May 7, 2013
Weir referenced communications between the Council and staff and noted that Johnson
should always be copied on communications. She noted that going forward there will
only be one liaison to each department, explaining that way if she would like to attend a
meeting it will not create a quorum. She also provided direction for the other members
of the Council. She stated that one of the strengths Medina has had is that the Council
has been civil even in times of disagreement and asked for that to continue. She
thanked everyone for their support and the efforts they bring to the Council.
Xl. APPROVAL TO PAY THE BILLS
Moved by Pederson, seconded by Anderson, to approve the bills, EFT 002082E-
002095E for $38,288.96 and order check numbers 039614-039666 for $296,114.93 and
payroll EFT 504911-504935 for $42,993.10. Motion passed unanimously.
XII. ADJOURN
Moved by Anderson, seconded by Martinson, to adjourn the meeting at 9:15 p.m.
Motion passed unanimously.
Eli af3bth Weir, Mayor
Attest:
J
Scott Johnson, City Administrator
Medina City Council Meeting Minutes 9
May 7, 2013
This Page Intentionally Left Blank
Medina City Council Meeting Minutes 10
May 7, 2013
ORDER CHECKS April 17, 2013 - Mav 7, 2013
039614 ASSN OF TRAINING OFFICERS $65.00
039615 BLUE CROSS BLUE SHIELD OF $26,423.50
039616 KHAN, MUHAMMAD $275.00
039617 MN DEPARTMENT OF HEALTH $7,110.48
039618 SAM'S CLUB $48.13
039619 SHIMU, ISHRET $250.00
039620 292 DESIGN GROUP INC $29,407.07
039621 ADAM'S PEST CONTROL INC $112.15
039622 AMERICAN SUPPLY GROUP INC $548.79
039623 BANYON DATA SYSTEMS $197.68
039624 BROCK WHITE $9,456.38
039625 BUDGET PRINTING $9.78
039626 CARLSON BUILDING SERVICES $494.92
039627 DESLAURIERS & SONS INC $150.00
039628 DOBOS $148.75
039629 EARL F ANDERSEN INC $148.49
039630 GRAINGER $551.78
039631 HAMEL VOLUNTEER FIRE DEPT $36,104.25
039632 HD SUPPLY WATERWORKS LTD $932.55
039633 HENNEPIN COUNTY ATTORNEYS $19.00
039634 HENN COUNTY INFO TECH $851.05
039635 HENN COUNTY SHERIFF $332.00
039636 HENN COUNTY TAXPAYER SVCS $102,509.62
039637 HUNZY'S $295.80
039638 KELLY'S WRECKER SERVICE INC $80.16
039639 KENNEDY & GRAVEN CHARTERED $6,000.00
039640 LAW ENFORCEMENT TECH $1,603.13
039641 LORETTO VOLUNTEER $25,568.90
039642 LUTHER BROOKDALE CHRYSLER $1,463.81
039643 MARCO (LEASE) $510.50
039644 MARCO INC $529.98
039645 MARPA GROUP INC $130.00
039646 MATHESON TRI-GAS INC $141.94
039647 METRO WEST INSPECTION $17,596.60
039648 MN DEPT OF FINANCE $9.50
039649 MOSS & BARNETT PA $5,544.69
039650 NATURAL GREEN INC $4,316.67
039651 NELSON ELECTRIC MOTOR $100.00
039652 OFFICE DEPOT $125.33
039653 PHYSIO-CONTROL INC $188.26
039654 ROLF ERICKSON ENTERPRISES $6,593.52
039655 ROBERT SCHERER $120.00
039656 SEALED MINDSET TRAINING LLC $1,858.00
039657 STRETCHER'S $265.22
039658 SUBURBAN TIRE WHOLESALE $1,068.07
039659 SUN PRESS &NEWSPAPERS $137.89
039660 TACTICAL SOLUTIONS $142.00
039661 TIMESAVER OFFSITE $286.63
039662 TOLL GAS & WELDING SUPPLY $31.74
039663 CITY OF WAYZATA $11.00
039664 WESTERN ELECTRIC $4,700.00
039665 WESTSIDE WHOLESALE TIRE $222.00
039666 ZEP $326.82
Total Checks $296,114.93
Electronic Payments April 12, 2013 - May 2, 2013
002082E $526.53
002083E $568.90
002084E $123.00
002085E $894.00
002086E $11,855.22
002087E $13,196.49
002088E $1,000.00
002089E $2,949.02
002090E $532.00
ELAN FINANCIAL SERVICE
AFLAC
PITNEY BOWES
MINNESOTA, STATE OF
PR PERA
PR FED/FICA
PR MN Deferred Comp
PR STATE OF MINNESOTA
SELECT ACCOUNT
Medina City Council
May 7, 2013
Meeting Minutes 11
002091E CITY OF MEDINA $17.00
002092E FARMERS STATE BANK OF $20.00
002093E ASSURANT EMPLOYEE BENEFITS $590.36
002094E SELECT ACCOUNT $3,726.97
002095E DELTA DENTAL $2,289.47
Total Checks $38,288.96
PAYROLL DIRECT DEPOSIT April 24, 2013
504911 BARNHART, ERIN A $1,628.46
504912 BELLAND, EDGAR J. $2,244.79
504913 BOECKER, KEVIN D. $2,271.73
504914 CONVERSE, KEITH A. $1,663.80
504915 DINGMANN, IVAN W. $1,839.97
504916 DOMINO, CHARMANE $1,610.42
504917 FINKE, DUSTIN D $2,054.83
504918 GALLUP, JODI M. $1,462.24
504919 GLEASON, JOHN M $1,942.57
504920 GREGORY, THOMAS $1,924.37
504921 HALL, DAVID M $1,924.06
504922 JESSEN, JEREMIAH S. $2,149.25
504923 JOHNSON, SCOTT T $2,088.11
504924 KLAERS, ANNE M. $590.20
504925 KORDIAK, JEFFREY $686.21
504926 LANE, LINDA $1,312.07
504927 LEUER, GREGORY J $2,040.13
504928 MCGILL, CHRISTOPHER R. $1,854.77
504929 NELSON, JASON $2,444.93
504930 PETERSON, DEBRA A. $1,473.10
504931 PORTINEN, TERI $1,302.81
504932 REINKING, DEREK M $1,351.17
504933 SCHERER, STEVEN T. $2,176.47
504934 VIEAU,CECILIA M $1,143.49
504935 VINCK, JOHN J. $1,813.15
Total Payroll Direct Deposit $42,993.10
Medina City Council Meeting Minutes 12
May 7, 2013