HomeMy Public PortalAbout05/21/2013 CCMMEDINA CITY COUNCIL MEETING MINUTES OF MAY 21, 2013
The City Council of Medina, Minnesota met in regular session on May 21, 2013 at 7:00
p.m. in the City Hall Chambers. Acting Mayor Anderson presided.
I. ROLL CALL
Members present: Pederson, Martin, Martinson, and Anderson.
Members absent: Weir.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planner Dusty
Finke, Public Works Director Steve Scherer, City Administrator Scott Johnson, and
Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the May 7, 2013 Regular City Council Meeting Minutes
It was noted on page six, line 18, it should state, "She questaeeed asked..." On page
six, line 21, it should state, "...noted that the -pond Outlot F..." On page six, line 22, it
should state, "...that this the development..." On page seven, line 44, it should state,
"She Weif..." On page 8, line 30, it should state, "...noise complaints,...."
Moved by Pederson, seconded by Martinson, to approve the May 7, 2013 regular City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the May 15, 2013 Special City Council Meeting Minutes
Moved by Martinson, seconded by Pederson, to approve the May 15, 2013 special City
Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA
A. Accept 2012 Annual Report
B. Approve Overlay Services Agreement with Omann Brothers
C. Approve Special Assessment Waiver Agreement Relating to Cottonwood
Trail
E. Resolution No. 2013-34 Amending 2013 Appointments and Designations to
Various City Services, Authorities, Commissions and Agencies
F. Resolution No. 2013-35 Accepting Kathleen Martin's Resignation from the
Planning Commission
G. Resolution No. 2013-36 Receiving Feasibility Report and Calling for Public
Hearing on Willowbrook Drive Improvement Project and Levying Special
Assessments for Same
Medina City Council Meeting Minutes 1
May 21, 2013
I. Ordinance No. 549 Amending the Official Zoning Map to Rezone the
Property Being Subdivided as "Reserve of Medina"
J. Resolution No. 2013-38 Authorizing Publication of the Ordinance Amending
the Official Zoning Map to Rezone the Property Being Subdivided as
"Reserve of Medina" by Title and Summary
Johnson requested that Item D, Amend 96.00 Purchasing Policy, be pulled from the
agenda for further staff work and noted that the item would be brought forward to a
future Council meeting. He also asked that Item H, Resolution Approving a Preliminary
Plat for a Subdivision to be Known as "Reserve of Medina," be pulled from the Consent
Agenda for further discussion.
Moved by Martin, seconded by Martinson, to approve the consent agenda. Motion
passed unanimously.
H. Resolution No. 2013-37 Approving a Preliminary Plat for a Subdivision to
be Known as "Reserve of Medina"
Finke referenced condition seven and stated that he misinterpreted the City Engineer.
He reviewed the proposed amendment to the language for that condition and
recommended approval as amended.
Moved by Martinson, seconded by Martin, to approve Resolution No. 2013-37 Approving
a Preliminary Plat for a Subdivision to be Known as "Reserve of Medina" as amended.
Motion passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
No comments made.
B. Park Commission
Anderson reported that prior to the regular meeting tonight the Council met with the
Park Commission to review the draft Master Parks and Trails Plan that the Commission
has been working on.
C. Planning Commission
Planning Commissioner Nolan reported that the Planning Commission met the previous
week to hold a public hearing for a requested variance from the setback of the ordinary
high water mark on Lake Independence and provided additional comment, noting that
the Commission recommended approval of the request with a vote of 3-1. He advised
that the Commission held another public hearing regarding the Truxtun Morrison
subdivision request, which is on the Council's agenda tonight, and noted that while there
was discussion regarding the width of the road the Commission recommended
unanimous approval of the request. He advised that the Commission held another
public hearing regarding an Ordinance amendment to Chapter Eight of the City Code,
which he believed to be mostly a housekeeping issue and noted that the Commission
also recommended unanimous approval of that request.
VII. NEW BUSINESS
Medina City Council Meeting Minutes 2
May 21, 2013
A. Willow Drive Improvement Project
Scherer reported that a neighborhood meeting was held the previous week to discuss
the project in detail but noted that he would briefly review the details tonight as well. He
provided a brief history of Willow Drive South, beginning in 2007 when the roadway was
identified as a candidate for reconstruction by the City Engineer and advised that at this
time staff recommends the mill and overlay scheduled for 2014 occur during 2013 to
preserve and protect the roadway. He summarized the improvements that would occur
as a part of the mill and overlay and provided an updated cost estimate for the project.
He asked that the Council accept the Feasibility Report and call for a public hearing.
Martinson recognized the savings received from the original estimate and asked if trails
could be constructed as a part of the project.
Scherer explained that trails could not be done without completing a reconstruction.
1. Resolution No. 2013-39 Receiving Feasibility Report and Calling for
Public Hearing on Willow Drive Improvement Project and Levying
Special Assessments for Same
Moved by Pederson, seconded by Martinson, to approve Resolution No. 2013-39
Receiving Feasibility Report and calling for Public Hearing on Willow Drive Improvement
Project and levying special assessments for same at the June 18, 2013 City Council
meeting. Motion passed unanimously.
B. T. Truxtun Morrison — Lot Split Request at 1525 Hunter Drive
Martin recused herself from the discussion noting that the Morrisons are her neighbors
and she has discussed the matter with them.
Batty confirmed that the Council would still have a quorum, but noted that three
affirmative votes would still be needed to approve the request.
Finke presented the request for the Morrison subdivision request, identifying the parcel
on an aerial map and then a sketch of the proposed lot split. He reviewed the existing
private road access and noted that while the applicant originally requested a variance in
regard to the road width, that variance request has since been withdrawn by the
applicant. He confirmed that the width of the private road would need to be extended
from the existing 18 feet to 20 feet, as required by City Code, as a condition of approval
within the subdivision request. He advised that the Park Commission recommended
cash for park dedication as no parks or trails had been identified in this area. He stated
that the applicant has requested additional time to finalize the subdivision. He reported
that the Planning Commission did recommend approval of the request subject to the
conditions listed in the Council packet.
Truxtun Morrison, applicant, stated that currently there is too much house and too much
property for his family in his current location. He explained that it will take some time for
him to list and sell his property, which is why he has asked for the additional time to file
the subdivision request. He also discussed the requirement of the road repair and
improvement and noted that he would like to delay that until the time that occupancy
takes place.
Medina City Council Meeting Minutes 3
May 21, 2013
Finke noted that the last request would require a mini -division agreement, but did not
think that would be a problem.
Batty also believed that an agreement of that nature could be developed.
Moved by Pederson, seconded by Martinson, to direct staff to prepare a Resolution of
approval with the noted conditions. Motion passed unanimously.
C. Dan and Jill Johnson — 2505 Willow Drive — Lot Combination;
Comprehensive Plan Amendment; Zoning Map Amendment from RR to AG
Finke stated that this matter had been discussed previously by the Council in February
and summarized Council actions that took place at that time. He identified the three
properties in existence today and noted that the surveys for those sites were included in
the Council packet. He noted that the combined three lots would exceed the standards
of both the RR and AG zoning districts, but explained that the combination is not in
conflict with any City policies, objectives, or plans. He noted that on past combinations
the City has required drainage and utility easements along the perimeter of newly
combined lots, also over wetland, but noted that the applicant does not wish to grant
these easements. He advised that the proposed Resolution would not require those
easements. He explained that once the lot combination is complete, the Council would
be asked to complete the actions they directed back in February that could not be done
until this condition of approval was complete.
Dan Johnson, applicant, stated that although he agrees with the policy, he was curious
as to why he would be required to give up additional easements when the critical
easements are already provided.
Martinson questioned if there is a need for the City to possess easements in those
areas.
Finke explained that because this is a rural property there is not as much need, but
advised that there are already easements along much of the perimeter because of
previous development.
Martin stated that she also lives in a rural area and provided an example of an easement
along her property that was used to bring natural gas to a neighbor. She stated that
while there may not be a need for the easements at this time, the easements could
provide a future opportunity. She stated that she would be in favor of the City obtaining
those easements as she did not believe there would be a negative effect to the property.
Dan Johnson stated that he is giving up the right to build on the two other lots and
questioned why he would be asked to give up easements when he is already giving up
the right to build. Anderson expressed concern about the City losing its easements.
Batty explained the normal City process for obtaining easements, but confirmed that this
would not be a vacation of any easements in existence. He explained that the
acquisition of easements is critical at the point of subdivision, and noted that this action
would preclude the right to develop the two other properties.
0
O
o
Medina City Council Meeting Minutes 4
May 21, 2013
Martinson confirmed that easements could be obtained in the future if a request for a
subdivision of the property were requested.
1. Resolution No. 2013-40 Approving a Lot Combination for Property
Located at and Adiacent to 2505 Willow Drive
Moved by Martinson, seconded by Pederson, to approve Resolution No. 2013-40
Approving a Lot Combination for Property Located at and Adjacent to 2505 Willow
Drive. Motion passed 3-1(Martin opposed).
2. Resolution No. 2013-41 Adopting a Comprehensive Plan
Amendment Regarding the Future Land Use of 2505 Willow Drive
Moved by Martinson, seconded by Pederson, to approve Resolution No. 2013-41
Adopting a Comprehensive Plan Amendment Regarding the Future Land Use of 2505
Willow Drive. Motion passed unanimously.
3. Ordinance No. 550 Amending the Official Zoning Map to Rezone
2505 Willow Drive to the Agricultural Preservation (AG) Zoning
District
Moved by Martin, seconded by Pederson, to approve Ordinance No. 550 Amending the
Official Zoning Map to Rezone 2505 Willow Drive to the Agricultural Preservation (AG)
Zoning District. Motion passed unanimously.
4. Resolution No. 2013-42 Authorizing Publication of Ordinance by
Title and Summary
Moved by Anderson, seconded by Pederson, to approve Resolution No. 2013-42
Authorizing Publication of Ordinance by Title and Summary. Motion passed
unanimously.
Johnson referenced the AG zoning district and confirmed that the Council would like to
further discuss the City policy regarding Agricultural Preserve at a future work session
this fall.
Dan Johnson thanked Finke for all his assistance during the process.
D. Willowbrook Drive Improvement Protect
Johnson reported that this project impacts six properties in Medina, as well as properties
in Orono.
Scherer reported that a neighborhood meeting was held for this project and he has not
heard anything but support for the project. He stated that the work is well overdue and
City staff worked with Orono staff to develop a Joint Powers Agreement for the project.
Batty noted that two items require a public hearing and advised that the two items could
be completed under one hearing.
Anderson opened the public hearing at 8:00 p.m.
Robert Thompson, 1330 Willowbrook Drive, stated he started a petition about two years
ago to improve the road. He also identified a neighbor in attendance that lives at 1300
Medina City Council Meeting Minutes 5
May 21, 2013
Willowbrook Drive. He thanked Scherer for his assistance throughout this process and
his thorough explanation.
Anderson closed the public hearing at 8:02 p.m.
1. Resolution No. 2013-43 Approving Plans and Specifications and
Ordering Proiect — Public Hearing
Moved by Martinson, seconded by Pederson, to approve Resolution No. 2013-43
Approving Plans and Specifications and Ordering the Willowbrook Drive Overlay Project.
Motion passed unanimously.
2. Resolution No. 2013-44 Adopting Assessment Roll — Public Hearing
Johnson stated that the assessment is proposed at 22 percent and advised that in the
past the assessment rate has been dropped to 20 percent by the City Council.
Batty explained that there is a requirement that if you are going to sell 429 Bonds, public
debt, that in order for those to be tax exempt you must assess at 20 percent. He
explained that his recommendation is to give a margin of wiggle room in the case an
assessment is appealed, in order to not go below 20 percent. He explained that in this
case there are no bonds being sold, so the 20 percent rule does not apply.
Scherer explained that Willowbrook is assessed at 50 percent. He did not recommend
that the assessment rate be lowered. He confirmed that the dollar amounts included in
the report were correct, but the column heading assessment spreadsheet should have
been labeled 50 percent rather than 22 percent.
Batty confirmed that the issue then becomes moot and the proposed assessment rate of
50 percent follows the City policy.
Moved by Anderson, seconded by Martin, to approve Resolution No. 2013-44 Adopting
Assessment Roll for the Willowbrook Drive Road Improvement Project. Motion passed
unanimously.
E. Willowbrook Drive Joint Powers Agreement between the City of Medina
and the City of Orono
Moved by Martinson, seconded by Pederson, to approve the Joint Powers Agreement
by and between the City of Medina and the City of Orono. Motion passed
unanimously.
F. Resolution Authorizing the Waiver of Certain Development Fees for an
Affordable Housing Proiect by Dominium
Johnson stated that Finke has been working closely with Dominium on their request for
a fee waiver for sewer and water connection. He explained that TIF cannot be used to
reimburse park dedication fees.
Finke explained that if the Council wished to waive additional fees in lieu of the park
dedication fees, which cannot be reimbursed through TIF, there are other city fees that
could be looked at.
Medina City Council Meeting Minutes 6
May 21, 2013
Martinson confirmed that the total for fee waivers would now be $276,000 for the sewer
and water connections.
Nick Anderson, Dominium, explained that the reason the fee waivers are requested is to
make the project financially viable and to give additional points on the applications for
grant funds to construct the project. He confirmed that Dominium is not requesting
additional waivers at this time because even with the subtraction of the park dedication
fee waiver, Dominium would still receive six points. He explained that in order to get to
eight points, which is the next category, the fee waiver amount would need to double.
He explained that for that reason they are not asking for additional fee waivers as they
do not believe the next point level could be reached.
Finke explained that he did not believe that park dedication fees were going to be
requested for this project anyway because of the type of project.
Nick Anderson stated that mentioning that the park dedication fees would not be
required within the Resolution may assist Dominium in their request for grant funding.
Batty explained the action that would be required tonight and also believed that the
Council should further discuss an inner fund loan resolution for TIF reimbursement in
the future. He also mentioned items that will come forward for the Council at an
upcoming EDA meeting in June.
Finke believed that this item could be delayed until the June 4th meeting and would not
affect the applicant's funding application.
Nick Anderson confirmed that Dominium will be submitting their application on June 18th
and a delay to June 4th would not interfere with their request or timeline.
Martin stated that she did not believe that the City should charge park dedication on this
project.
Batty stated that he had mixed feelings about including the language about park
dedication and believed that staff should be allowed additional time to amend that
language. He did not believe park dedication should be included because he did not
think it would apply under State law; explaining that he would not want the City to state
they were waiving fees that may not exist.
Moved by Pederson, seconded by Martinson, to table the Resolution waiving up to
$388,000 in development fees for the Dominium project to the June 4th meeting and
direct staff to amend the language as discussed. Motion passed unanimously.
Johnson confirmed the consensus to lower the fee waiver amount from $388,000 to
$300,000 and for staff to investigate the language regarding park dedication.
VIII. OLD BUSINESS
A. Fields of Medina West Storm Sewer Improvement Tax District — Public
Hearing
Medina City Council Meeting Minutes 7
May 21, 2013
Johnson advised that this would be the continuation of the public hearing from the
previous meeting.
Anderson opened the public hearing at 8:23 p.m.
No comments made.
Anderson closed the public hearing at 8:23 p.m.
1. Ordinance No. 551 Establishing Fields of Medina West Storm Sewer
Improvement Tax District
Moved by Martin, seconded by Pederson, to approve Ordinance No. 551 Establishing
Fields of Medina West Storm Sewer Improvement Tax District. Motion passed
unanimously.
2. Resolution No. 2013-45 Authorizing Publication of Ordinance by
Title and Summary
Moved by Martinson, seconded by Martin, to approve Resolution No. 2013-45
Authorizing Publication of Ordinance by Title and Summary. Motion passed
unanimously.
Martin referenced the Development Agreement for the Fields of Medina and asked for
additional information regarding the possibility to create a special taxing district for trails.
Batty stated that could not be done and provided further clarification, explaining that the
process is unique to storm sewer taxing districts and not other general improvement
items.
Martin questioned if there is a method to hold the HOA responsible for the ongoing
maintenance for trails constructed in the right-of-way.
Batty explained that those are public improvements and explained that storm sewer
improvements are not considered "public." He explained that the City could move to the
decision that storm sewer improvements are public and would then need to create a
stormwater utility fund.
IX. CITY ADMINISTRATOR REPORT
A. Resident Comment
Fred Webber, 100 Clydesdale Trail, stated that the Gramercy is converting from a
cooperative to a condominium. He thanked Johnson for representing the concerns of
the Gramercy community at a recent Plymouth meeting. He also thanked Finke for all
his work with the community over the past eight years.
Johnson noted that the Plymouth City Council will review the Creekside Hills Preliminary
Plat at the May 28th meeting and asked that all concerned residents attend.
X. MAYOR & CITY COUNCIL REPORTS
No comments made.
Medina City Council Meeting Minutes 8
May 21, 2013
XI. APPROVAL TO PAY THE BILLS
Moved by Pederson, seconded by Martin, to approve the bills, EFT 002096E-002115E
for $48,036.49 and order check numbers 039667-039731 for $165,984.64 and payroll
EFT 504936-504965 for $45,404.59. Motion passed unanimously.
XII. CLOSED SESSION: EASEMENT ACQUISITIONS
Anderson recessed the meeting to closed session to discuss easement acquisition at
8:31 p.m.
The meeting was reconvened to open session at 9:03 p.m.
XIII. ADJOURN
Moved by Pederson, seconded by Martinson, to adjourn the meeting at 9:04 p.m.
Motion passed unanimously.
ohn A derson, Acting Mayor
Attest:
Scott Johnson, City Administrator
Medina City Council Meeting Minutes 9
May 21, 2013
This Page Intentionally Left Blank
Medina City Council Meeting Minutes 10
May 21, 2013
ORDER CHECKS May 8, 2013 - May 21, 2013
039667 BLUE CROSS BLUE SHIELD OF $26,423.50
039668 CENTURYLINK $1,040.54
039669 COMMERCIAL ASPHALT CO $1,645.10
039670 LAW ENFORCEMENT LABOR $360.00
039671 US HOME CORP $5,028.30
039672 MAHESH, PRATIBHA $150.00
039673 NAPA $637.60
039674 NAPA OF CORCORAN INC $18.85
039675 CITY OF ORONO $389.72
039676 GARY ROLLER $67.76
039677 VERIZON WIRELESS $1,901.56
039678 VIVANCO, JENNIFER $100.00
039679 CITY OF WAYZATA $25.00
039680 ABDO, EICK & MEYERS LLP $16,000.00
039681 BAILEY NURSERIES, INC. $819.50
039682 BUDGET PRINTING $32.71
039683 CARDIAC SCIENCE CORP $414.00
039684 CMI, INC. $210.81
039685 CVS WHOLESALE FLAGS $273.45
039686 DPC INDUSTRIES INC $259.98
039687 EARL F ANDERSEN INC $75.88
039688 FERGUSON ENTERPRISES INC $75.20
039689 GOPHER STATE ONE CALL $271.00
039690 GRAINGER $95.79
039691 HAKANSON ANDERSON $500.00
039692 HAMEL LUMBER INC $350.27
039693 HAMEL LIONS CLUB $200.00
039694 HENN COUNTY INFO TECH $909.00
039695 HENN COUNTY SHERIFF $150.00
039696 HENN COUNTY TAXPAYER SVCS $101.00
039697 HUNZY'S $316.20
039698 INTERSTATE ALL BATTERY $222.25
039699 J&J MARINE INC $4,972.89
039700 JLR GARAGE DOOR SERVICE $121.72
039701 JOHN DEERE LANDSCAPES $47.05
039702 KERN, DEWENTER & VIERE $6,000.00
039703 KENNEDY & GRAVEN CHARTERED $24,760.53
039704 KRAEMER MINING AND $335.58
039705 LORMAN EDUCATION SERVICES $30.93
039706 LUTHER BROOKDALE CHRYSLER $687.67
039707 MATHESON TRI-GAS INC $100.14
039708 METROPOLITAN COUNCIL $17,809.54
039709 MIDSTATE CRANE SERVICE INC $2,970.00
039710 MN DEPT OF ADMIN $3,120.00
039711 MN SAFETY COUNCIL INC • $812.00
039712 NORTH MEMORIAL $100.00
039713 NORTHWEST ASSOC $4,743.71
039714 OFFICE DEPOT $73.19
039715 OFFICE OF ENTERPRISE $20.00
039716 ON SITE SANITATION $310.68
039717 PEARSON BROS., INC $4,665.00
039718 PONTEM SOFTWARE BY RIA $176.00
039719 RIDGEDALE PLUMBING $1,584.00
039720 SCHARBER & SONS, INC $3.44
039721 ST PAUL STAMP WORKS INC $44.56
039722 STREICHER'S $299.60
039723 SUN PRESS & NEWSPAPERS $160.80
039724 TALLEN & BAERTSCHI $5,338.58
039725 TIMESAVER OFFSITE $300.38
039726 TDS INC $1,350.00
039727 VIKING INDUSTRIAL CENTER $457.98
039728 WACONIA FARM SUPPLY $16.00
039729 WENCK ASSOCIATES, INC $73.05
039730 WESTSIDE WHOLESALE TIRE $110.41
039731 WSB & ASSOCIATES $25,324.24
Total Checks $165,984.64
Medina City Council Meeting Minutes 11
May 21, 2013
Electronic Payments May 3, 2013 — May 16, 2013
002096E XEROX CORPORATION $42.40
002097E XCEL ENERGY $9,792.93
002098E VOID $0.00
002099E CIPHER LABORATORIES INC. $2,513.22
002100E WRIGHT HENN COOP ELEC ASSN $2,352.86
002101E VALVOLINE FLEET SERVICES $121.84
002102E CITY OF PLYMOUTH $635.05
002103E PR PERA $12,068.68
002104E PR FED/FICA $13,492.96
002105E PR MN Deferred Comp $1,000.00
002106E PR STATE OF MINNESOTA $2,954.76
002107E SELECT ACCOUNT $532.00
002108E CITY OF MEDINA $17.00
002109E FARMERS STATE BANK OF $20.00
002110E PIVOTAL PAYMENTS INC $120.32
002111E PAYMENT SERVICE NETWORK INC $213.65
002112E PITNEY BOWES POSTAGE BY $1,000.00
002113E HARTFORD LIFE $513.15
002114E MEDIACOM OF MN LLC $55.31
002115E ASSURANT EMPLOYEE BENEFITS $590.36
Total Checks $48,036.49
PAYROLL DIRECT DEPOSIT Mav 8, 2013
504936 ANDERSON, JOHN G. $230.87
504937 BARNHART, ERIN A $1,628.46
504938 BELLAND, EDGAR J. $2,244.79
504939 BOECKER, KEVIN D $2,202.97
504940 CONVERSE, KEITH A. $1,812.57
504941 DINGMANN, IVAN W. $2,006.47
504942 DOMINO, CHARMANE $2,348.86
504943 FINKE, DUSTIN D $2,054.82
504944 GALLUP, JODI M. $1,462.24
504945 GLEASON, JOHN M $1,677.12
504946 GREGORY, THOMAS $1,890.00
504947 HALL, DAVID M $1,924.06
504948 JESSEN, JEREMIAH S. $2,119.36
504949 JOHNSON, SCOTT T $2,088.11
504950 KLAERS, ANNE M. $590.20
504951 KORDIAK, JEFFREY $727.62
504952 LANE, LINDA $1,327.80
504953 LEUER, GREGORY J $2,191.53
504954 MARTIN, KATHLEEN M $230.87
504955 MARTINSON, MELISSA $230.87
504956 MCGILL, CHRISTOPHER R. $1,675.52
504957 NELSON, JASON $2,173.46
504958 PEDERSON, JEFF $220.63
504959 PETERSON, DEBRA A. $1,473.09
504960 PORTINEN, TERI $1,302.81
504961 REINKING, DEREK M $1,497.02
504962 SCHERER, STEVEN T $2,320.47
504963 VIEAU, CECILIA M $1,143.49
504964 VINCK, JOHN J. $2,281.44
504965 WEIR, ELIZABETH V $327.07
Total Payroll Direct Deposit $45,404.59
Medina City Council Meeting Minutes 12
May 21, 2013