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MEDINA CITY COUNCIL MEETING MINUTES OF MAY 17, 2011
The City Council of Medina, Minnesota met in regular session on May 17, 2011 at 7:00
p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Pederson, Martinson, and Siitari.
Members absent: Weir
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planner Dusty
Finke, Public Works Superintendent Steve Scherer, City Administrator Chad Adams,
Finance Director Jeanne Day, Planning Consultant Nate Sparks, Chief of Police Ed
Belland, and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was approved as presented.
IV. APPROVAL OF MINUTES
A. Approval of the May 3, 2011 Special City Council Meeting Minutes
Moved by Pederson, seconded by Martinson, to approve the May 3, 2011 special City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the May 3, 2011 Regular City Council Meeting Minutes
It was noted on page five, line 43, it should state, "He was unsure of the naming of
Meander Road questioned the appropriateness of the name Meander Road and
suggested it might be reconsidered." On page seven, line 9, it should state, "...at this
time for the entire 90 acre tract, the land designation is being agreed upon by the other
two parcel owners as well, locking into this type of development for the 90 acres." On
page seven, line 22, it should state, "...State highway planning..." On page 12, line 27,
it should state, "...Minnesota Cities for service to the League Board and League
Foundation Board and noted..."
Moved by Martinson, seconded by Pederson, to approve the May 3, 2011 regular City
Council meeting minutes as amended. Motion passed unanimously.
C. Approval of the May 11, 2011 Special City Council Meeting Minutes
Moved by Siitari, seconded by Pederson, to approve the May 11, 2011 special City
Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA
A. Appoint Jeanne Day as Interim Deputy Clerk through June 28, 2011
B. Resolution Recognizing Volunteers for Medina's Annual Clean -Up Day
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C. Resolution Approving a Conditional Use Permit for Thomas and Jillene
Kingstedt to Operate a Dog Daycare Boarding and Groominq Facility at 810
Tower Drive
D. Resolution Approving Variances to Janet White for Property Located at
4642 Brook Street
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 White advised that the Annual Park Tour was held on Saturday,
May 14th and thanked the members of the Council who attended the event. She noted
that the Eagle Scout who will be building benches for the Medina Lake Preserve Park
also attended the event to determine bench locations. She advised that the Park
Commission would discuss the park tour at the June meeting, as the May meeting had
been canceled due to lack of agenda items.
C. Planning Commission
Planning Commissioner Williams provided an update on the May 10th meeting. He
advised that the stormwater management plan had been discussed and a draft
composed by staff was reviewed.
VII. OLD BUSINESS
A. Resolution Approving a Mixed Use Stage I Plan for the Pemtom Land
Company
Crosby advised that this item had been discussed at the previous meeting and provided
background information regarding the proposed development for the 90 acre parcel.
Sparks summarized the items discussed at the previous meeting and noted that the
applicant had revised the plan since that time to meet the requests of the Council, and
summarized those changes. He noted that staff had drafted a list of comments and
conditions of approval, which would be included in the resolution for approval.
Pederson questioned if the only access point would be 116.
Sparks noted that a traffic study is required as a condition of approval, but confirmed
that would be the only access point for Stage I.
Crosby advised that this is simply a concept plan approval at this point and explained
the City process.
Bill Ciora, 915 Sunset Court, stated that he was still concerned with the language, "...to
explore trail connections through Foxberry Farms..."
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Adams advised that the language states, "to explore options for connection" and noted
that nothing was certain.
Dave Nash, EVS, spoke in representation of the applicant. He stated that the flood plain
was added to the revised plan. He explained that when the 6.1 acres of land is
dedicated for park it will cover the entire park dedication for the Jubert property.
Moved by Pederson, seconded by Martinson, to approve the resolution approving a
mixed -use stage l plan for the Pemtom Company. Motion passed unanimously.
VIII. NEW BUSINESS
A. Lennar — The Enclave at Medina
Sparks reviewed the items needed for approval tonight and explained that review of the
final plat ensures that all the conditions of the preliminary plat had been met and
addressed. He advised that this development would be staged and noted that the first
Addition final plat contained 24 R-2 single-family lots and 5 R-3 townhome units, as well
as other items such as storm ponds and streets. He advised that these items did match
those in the preliminary plat. He reviewed the future phases of the project and provided
a description of the development which would occur during each phase. He reviewed
the other issues for the development which included the dedication of trail easements,
temporary cul-de-sacs, tree replacement escrow, wetland permit for replacement,
development agreement, and the stormwater taxing district. He summarized the
conditions of approval which had been associated with the preliminary plat and
confirmed that the items are included in the development agreement.
Michael Fine, 550 Navajo Road, requested clarification on the process that would occur
should approval occur tonight.
Crosby explained that if the actions before the Council are approved tonight and signed
by the developer, the plat would be signed and the developer would have 60 days to file
the plat. He advised that once the plat is filed, the developer could begin with Phase I of
the development. He confirmed that in order to continue with a future phase, the
developer would need to request approval of another final plat.
Fine asked that the developer explain an estimated timeframe for the future phases of
the project. He also questioned the obligation of Lennar to construct the berm.
Crosby estimated that the berm would occur with grading of the site.
Finke explained that because of the number of ponds, there will be an excess amount of
dirt and a number of berms would be constructed with Phase I or prior to that. He noted
that additional landscaping would occur with each phase or addition.
Fine questioned if Lennar has requirements for the remaining portion of their property,
such as mowing.
Crosby explained that the plat would be filed for the entire property and outlots would be
formed which would be developed in the future.
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Finke advised that erosion control would be provided through seeding and grading and
noted that the City also possesses mowing and weed control ordinances.
Fine noted that he had concern over what will occur with Outlot M. He stated that he
was also concerned that the City may have compromised values to meet density
requirements of the Met Council.
Crosby explained that the final plat should match the preliminary plat and noted that
should substantial changes be proposed in the future, there would be a chance to
review that request.
Batty explained that designation of an outlot simply identifies the parcel, but confirmed
that Outlot M is not included in the MUSA.
Carole Toohey, Lennar, stated that the preliminary plat proposed 4 or 5 phases and
noted that the timing would be solely based on the market. She explained the preferred
timing would be one phase per year, but again noted the timing would depend on the
market. She addressed the berms and noted that construction would take place over
time.
Fine commended Toohey for the process for the construction of the berm. He
questioned if the City could require Lennar to complete the berming now rather than
later to encourage growth.
Toohey stated that she was unsure how much of the berm would be graded during
Phase I. She noted that the berms would actually be constructed during Phases II and
III, and only grading would occur because of the displaced dirt.
Crosby asked that the developer consider the request to construct and landscape the
berms sooner.
Toohey confirmed that Lennar would investigate that option.
1. Wetland Replacement Plan Application
Moved by Siitari, seconded by Pederson, to approve the wetland replacement plan
application. Motion passed unanimously.
2. Resolution Approving a Final Plat for the Enclave at Medina
Moved by Pederson, seconded by Siitari, to approve the resolution approving a final plat
for "The Enclave at Medina." Motion passed unanimously.
3. Development Agreement By and Between the City of Medina and
U.S. Home Corporation, the Harriet V. Holasek Limited Partnership
and Holasek Family Limited Partnership
Moved by Siitari, seconded by Pederson, to approve the development agreement By
and Between the City of Medina and U.S. Home Corporation, the Harriet V. Holasek
Limited Partnership and Holasek Family Limited Partnership. Motion passed
unanimously.
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4. Ordinance Establishing a Storm Sewer Improvement Tax District
Crosby opened the public hearing at 8:04 p.m.
Finke explained that the development agreement states that the homeowners
association (HOA) will maintain the storm sewer for this area. He explained that should
the HOA fail to maintain the system, this would allow for the City to assess the
improvements to the specific area.
Batty explained that the City has followed this process before but has never had to
assess for improvements through a special taxing district such as this. He explained
that this process ensures protection for storm water improvements.
Moved by Pederson, seconded by Siitari, to close the public hearing at 8:06 p.m.
Motion passed unanimously.
Moved by Siitari, seconded by Pederson, to approve the ordinance establishing a storm
sewer improvement tax district. Motion passed unanimously.
5. Resolution to Publish the Ordinance by Title and Summary
Moved by Martinson, seconded by Siitari, to approve the resolution to publish the
ordinance by title and summary. Motion passed unanimously.
Crosby thanked the Holasek family for their patience in this process and welcomed
Lennar to the City.
B. Elizabeth Ringer —1700 Deerhill Road
Finke presented an application which included numerous requests, including a lot
combination, a Comprehensive Plan amendment, and rezoning of the parcels. He
provided background information on the request which was first discussed the previous
year and noted that the Comprehensive Plan amendment had been conditionally
approved at that time. He displayed an aerial picture of the properties and highlighted
the lots which would be combined.
Crosby disclosed that his family owns the property directly to the north of this property.
He noted that the property owned by his family is zoned Agricultural Preservation.
Finke reviewed an analysis of ordinance compliance for the property and noted that
while some existing non -conformities related to the accessory structures would be
corrected, others would remain. He noted that staff would recommend the usual
easements around the perimeter of the lot and also over wetlands on the property.
Finke discussed the possibility of requiring a small amount of right-of-way on the
northeast corner of the property to allow Deerhill Road to curve to the north. Although
substantial development to the north did not seem likely, this right-of-way would allow
better access. He noted that staff did not include the additional right-of-way as a
condition of approval at this time.
Crosby stated that he believed it would be virtually impossible to connect this portion of
Deerhill Road to the other side because of the lake and State property located in that
area. Finke noted that the intent would not be to continue Deerhill Road in a straight
line, but rather allow adequate access for the property to the north. Crosby believed
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126
that half of a cul-de-sac should be taken as right-of-way if the property should ever
develop.
Finke provided the review criteria for sub -divisions and lot combinations. He noted that
staff recommends approval of the lot combination subject to the conditions noted in the
Council packet, and also reviewed the other actions which would be required for
approval.
1. Resolution Granting Approval of a Lot Combination to Elizabeth
Ringer for Property at 1700 Deerhill Road
Moved by Pederson, seconded by Siitari, to approve the resolution granting approval of
a lot combination to Elizabeth Ringer for property located at 1700 Deerhill Road with the
additional condition that right-of-way be given at the NE corner of the property. Motion
passed unanimously.
2. Resolution Adopting a Comprehensive Plan Amendment Regarding
the Future Land Use of 1700 Deerhill Road
Moved by Siitari, seconded by Pederson, to approve a resolution adopting a
Comprehensive Plan amendment regarding the future land use of 1700 Deerhill Road.
Motion passed unanimously.
3. Ordinance Rezoning 1700 Deerhill Road to the Agricultural
Preservation (AP) Zoning District
Moved by Martinson, seconded by Pederson, to approve an ordinance rezoning 1700
Deerhill Road to the Agricultural Preservation zoning district. Motion passed
unanimously.
C. Hamel Library Relocation
Scherer stated that at the Park Tour the previous Saturday staff found a location for the
Hamel Library. He displayed an aerial photo of the location and explained why the other
proposed locations did not fit for the library. He explained that the library would fit nicely
in the proposed location and advised of the other aspects which would be completed,
such as seeding and a walkway.
Crosby stated that he did not believe permanence to this site should be given, as this
building could be easily moved. He advised that the City would reserve the right to
relocate the library in the future.
Pederson stated that the Uptown Hamel Association would not be in favor of that
language as they feel the library is a fragile building. He explained that the need to
move the library is not immediate and would not be until that parcel is sold.
Adams advised that the action would simply designate that portion of the parking lot as
a future location for the library.
Batty advised that he had drafted similar language for a cabin issue previously and
noted that similar language could be included for this matter.
Moved by Pederson, seconded by Martinson, to designate the SW corner of the City's
new parking lot as a future location for the Hamel Library, with the expectation that a
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127
future operating covenant be included when the building is moved. Motion passed
unanimously.
D. Contract Appointing Interim City Administrator
Adams noted that a contract had been drafted and Batty had also contributed to the
document.
Batty advised that Doug Reeder would be identified as a temporary employee and
explained the contract further.
Crosby confirmed that Doug Reeder would begin tentatively on May 20th.
Adams confirmed that Reeder would join him for three days during that week to begin
work and transition into the position.
Moved by Siitari, seconded by Martinson, to approve the contract appointing Doug
Reeder as Interim City Administrator. Motion passed unanimously.
E. Request for Proposal — Construction Management Services for Public
Works.
Adams stated that this proposal was modeled after a neighboring community which also
recently submitted a request for these services. He explained the responsibilities which
would be handled by this position. He reported that bids should be submitted by 3:00
p.m. on May 20th and would then be reviewed by staff. He estimated that final
appointment would occur tentatively on June 2" . He stated that this timeframe would
be compressed, but explained that it is necessary to stay on timeline for the project to
occur this fall. He confirmed that companies have been contacting the City regarding
this work for two years and explained how the proposals would be solicited and
advertised.
Crosby expressed concern over the probability for the project to move forward and what
the City would be committing to fund wise should the project not move forward. He
stated that some residents of Medina believe the Police department and other City
functions should be located in this facility. He noted that this proposal would only
discuss the Public Works Facility. He questioned where the wash down area would be
located, as the document stated two locations.
Scherer advised that the Hennepin County site would be used for wash downs and
advised that the other wash down area would be used on site.
Crosby questioned whether the construction manager would be needed on site full-time
and preferred the language be stated that the construction manager be on site as
needed. He also asked that quality control requirements be added to the language and
identified other areas of the contract which he believed should include additional
language.
Moved by Martinson, seconded by Siitari, to approve the RFP for Construction
Management Services to the Public Works Facility as amended and to direct staff to
solicit proposals. Motion passed unanimously.
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128
F. Request for Proposal — Water Resource Services
Adams advised that this service had been discussed during April and noted that funding
is available to assist with Watersheds.
Crosby commended Weir for her assistance in this area. He hoped that some of the
costs could be shared with neighboring communities.
Moved by Siitari, seconded by Martinson, to approve the RFP for Water Resource
Services and to direct staff to solicit proposals. Motion passed unanimously.
IX. CITY ADMINISTRATOR REPORT
A. Temporary Outdoor Sales Regulations
Adams stated that in order to make a minor change there would be time and financial
commitments to the City. He stated that if the issue is not found to be pressing it could
be pushed back until a time when the entire ordinance could be reviewed and other
items would not have to be delayed. He confirmed that a temporary solution had been
determined for the business in question.
Crosby agreed that this item could be pushed back until timing is better.
B. Medina Celebration Day Event Planning
Adams advised that the City is short on funding for fireworks and noted that an
additional $3,000 to $4,000 would need to be obtained for fireworks. He advised that
the event could continue without the fireworks but advised against doing so. He advised
that an organization separate from the City would begin to solicit funding for the event
and fireworks in the next month and noted that staff could provide an update in the
future.
Siitari questioned why the cost for fireworks was not included in the budget.
Adams advised that the Council had determined that fireworks should not be paid for
with taxpayer funds and should be donated.
Crosby questioned the total cost of the event.
Adams advised that the total cost for the event is $5,000 to $6,000, including
approximately $4,000 for fireworks.
Pederson confirmed that he could bring the issue forward at the Uptown Hamel
Association meeting to attempt to obtain donations.
Crosby stated that he could draft a letter asking for donations for the event.
Adams advised that the City staff and Council cannot directly ask for funding for a City
event. He explained that is why a committee is formed for the event.
C. Economic Development Program
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May 17, 2011
129
Adams advised that staff drafted an Economic Development Fee Deferral Program and
explained that this would allow for costs to businesses for development, such as water
and sewer, to be spread over three years. He confirmed that this would only apply to
businesses and noted that affordable housing would possess its own program which
would be drafted later this year.
Moved by Pederson, seconded by Martinson, to approve the Economic Development
Fee Deferral Program. Motion passed unanimously.
D. Other Items
Adams provided an update on staff projects and focus for the remainder of the year. He
noted that improvements to the budget process would most likely occur the next year as
the City Administrator would be heavily involved in that process. He thanked the Council
and City staff for their support and patience in the eight years he has been with the City.
He stated that he would miss the staff and wished the City the best.
Crosby advised that an application had been submitted on behalf of Adams for the C.C.
Ludwig Leadership Award. He commented that since Adams accepted the position with
Albert Lea he has continued to work hard for Medina.
Crosby briefly recessed the meeting at 8:58 p.m.
Crosby reconvened the meeting at 9:02 p.m.
Crosby referenced the conversation held at tonight's earlier work session regarding
employee benefits and salaries. He questioned whether the City should follow
neighboring cities into a cafeteria plan. He believed that this item should be handled by
the Interim City Administrator and brought back to the Council for further discussion.
The Council agreed with that direction.
Martinson suggested that the Council direct staff to prepare the recommendations in
regard to COLA.
Crosby stated that he would be in favor of that item, but wanted to ensure that there was
an understanding that the COLA could affect the budget process for 2012.
Moved by Martinson, seconded by Siitari, to direct staff to prepare a one percent COLA
wage salary adjustment for action on June 21, 2011. Motion passed unanimously.
X. MAYOR & CITY COUNCIL REPORTS
There were none.
XI. APPROVAL TO PAY THE BILLS
Moved by Siitari, seconded by Pederson, to approve the bills, EFT 001138-001158 for
$39,687.98 and order check numbers 036863-036916 for $76,088.25, and payroll EFT
503495-503526 for $46,007.29. Motion passed unanimously.
Medina City Council Meeting Minutes
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130
XII. ADJOURN
Moved by Martinson, seconded by Siitari, to adjourn the meeting at 9:10 p.m. Motion
passed unanimously.
(74�
l
T.M. Crosby, Jr., M
Attest:
G‘...4 III. /4-4,,__
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
May 17, 2011
131
ORDER CHECKS April 29, 2011 - Mav 12, 2011
036863 HURD, RITA $150.00
036864 JACOB, ROBERT $250.00
036865 BOB PAST $100.00
036866 BRIDGEWATER HOA $150.00
036867 NAPA $27.21
036868 Office of Child Support Enforc $240.00
036869 ACTION FLEET inc $45.00
036870 RJ AHMANN COMPANY $2,100.00
036871 ASSN OF TRAINING OFFICERS $125.00
036872 BAILEY NURSERIES, INC. $3,505.67
036873 BRAUN INTERTEC CORP $720.00
036874 BRYAN ROCK PRODUCTS $412.62
036875 CAREFREE SERVICES INC $3,800.00
036876 CIPHER LABORATORIES INC. $2,395.55
036877 DITTER INC $384.80
036878 MEGAN RAE EIDE $100.00
036879 GOPHER STATE ONE CALL $300.00
036880 HAMEL LUMBER & SUPPLY INC $325.64
036881 HD SUPPLY WATERWORKS $102.40
036882 HENNEPIN COUNTY ATTORNEYS $48.00
036883 HENN COUNTY TAXPAYER SVCS $560.80
036884 HENRYS WATERWORKS INC $824.33
036885 HIGHWAY 55 RENTAL $11.01
036886 HONEST AUTO LLC $40.84
036887 HOSTINGMINNESOTA.COM $17.98
036888 JOHN DEERE LANDSCAPES $36.34
036889 KELLY'S WRECKER SERVICE INC $175.81
036890 LAW ENFORCEMENT LABOR $336.00
036891 LAW ENFORCEMENT TECH $135.00
036892 LEXISNEXIS RISK DATA MGMT INC $30.50
036893 METROPOLITAN COUNCIL $18,466.43
036894 METRO AREA MGRS ASSN $20.00
036895 MIDWEST ASPHALT CORPORATION $983.04
036896 MN DEPT OF FINANCE $24.00
036897 MN SAFETY COUNCIL INC $160.00
036898 MORRIS ELECTRONICS INC $32.50
036899 NORTH MEMORIAL $50.00
036900 NORTHWEST ASSOC $3,117.20
036901 OFFICE DEPOT $89.53
036902 OFFICE OF ENTERPRISE $10.00
036903 OIL AIR PRODUCTS LLC $178.19
036904 ON SITE SANITATION $91.63
036905 ORONO, CITY OF $309.64
036906 PONTEM SOFTWARE BY RIA $160.00
036907 SAM'S CLUB $76.68
036908 SENSUS METERING SYSTEMS INC$ 1,452.00
036909 SUN PRESS & NEWSPAPERS $106.59
036910 TALLEN & BAERTSCHI $3,483.80
036911 TIMESAVER OFFSITE $188.75
036912 VALLEY NATL GASES LOC93 $88.06
036913 WAYZATA LACROSSE ASSOCIATION $500.00
036914 CITY OF WAYZATA $20.00
036915 WESTSIDE WHOLESALE TIRE $139.79
036916 YOCUM OIL CO. INC. $28,889.92
Total Checks $76,088.25
Medina City Council Meeting Minutes
May 17, 2011
132
E-CHECKS April 29, 2011 — May 12, 2011
001138E ACCLAIM BENEFITS LLC $1,319.64
001139E CULLIGAN-METRO $32.38
001140E PITNEY BOWES POSTAGE BY $1,000.00
001141E CITY OF PLYMOUTH $776.53
001142E XEROX CORPORATION $45.13
001143E VALVOLINE FLEET SERVICES $131.21
001144E XCEL ENERGY $7,397.51
001145E PR PERA $11,647.72
001146E PR FED/FICA $11,782.65
001147E PR MN Deferred Comp $1,175.00
001148E PR STATE OF MINNESOTA $2,729.96
001149E CITY OF MEDINA $20.00
001150E FARMERS STATE BANK OF HAMEL $20.00
001151E FARMERS STATE BANK OF HAMEL $80.50
001152E FARMERS STATE BANK OF HAMEL $20.00
001153E ACCLAIM BENEFITS LLC $508.43
001154E CENTERPOINT ENERGY $600.91
001155E PAYMENT SERVICE NETWORK INC $178.90
001156E PIVOTAL PAYMENTS INC $55.36
001157E GLENWOOD INGLEWOOD $108.60
001158E FRONTIER $57.55
Total Checks $39,687.98
PAYROLL DIRECT DEPOSIT April 29, 2011 — May 12 2011
503495 SIITARI, MIKE $184.36
503496 ADAMS, CHAD M $2,982.77
503497 BARNHART, ERIN A $1,452.91
503498 BELLAND, EDGAR J. $2,444.81
503499 BOECKER, KEVIN D $2,169.82
503500 CONVERSE, KEITH A. $2,046.14
503501 COONEY, DALE T. $444.40
503502 CROSBY, THOMAS M. JR. $334.15
503503 DAY, JEANNE M. $2,144.94
503504 DINGMANN, IVAN W. $1,684.63
503505 DOMINO, CHARMANE $1,813.71
503506 FINKE, DUSTIN D $1,928.41
503507 GALLUP, JODI M. $1,326.98
503508 GLEASON, JOHN M $1,819.47
503509 GREGORY, THOMAS $1,675.80
503510 HALL, DAVID M $1,984.45
503511 JESSEN, JEREMIAH S. $1,670.55
503512 KLAERS GROTHE, ANNE M. $583.46
503513 KORDIAK, JEFFREY $514.17
503514 LANE, LINDA $1,323.25
503515 LEUER, GREGORY J $1,788.43
503516 MARTINSON, MELISSA $235.87
503517 MCGILL, CHRISTOPHER R. $1,685.06
503518 NELSON, JASON $2,256.10
503519 PETERSON, JEFF $224.36
503520 PETERSON-DUFRESNE, DEBRA A. $1,471.18
503521 PORTINEN, TERI $1,343.52
503522 REINKING, DEREK M $1,317.50
503523 SCHERER, STEVEN T $1,987.42
503524 VIEAU, CECILIA M $1,119.08
503525 VINCK, JOHN J. $1,813.72
503526 WEIR, ELIZABETH V $235.87
Total Payroll Direct Deposit $46,007.29
Medina City Council Meeting Minutes
May 17, 2011