HomeMy Public PortalAbout09/02/2014 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 2, 2014
The City Council of Medina, Minnesota met in regular session on September 2, 2014 at
7:00 p.m. in the City Hall Chambers. Mayor Weir presided.
I. ROLL CALL
Members present: Anderson, Pederson, Martin, Martinson, and Weir.
Members absent: None.
Also present: City Administrator Scott Johnson, City Attorney Rots Batty, City Engineer
Tom Kellogg, City Financial Consultant Joe Rigdon, City Assistant Finance Director Erin
Barnhart, City Planner Dusty Finke, City Planning Consultant Nate Sparks, Public Works
Director Steve Scherer, Chief of Police Ed Belland, and Recording Secretary Amanda
Staple.
II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:01 p.m.)
Johnson requested the addition of an item to the agenda under New Business, titled,
Engagement Letter from Briggs and Morgan. He also requested to remove Item 5F,
Approve Development Agreement by and Between the City of Medina and the Church of
Saints Peter and Paul, from the Consent Agenda.
The agenda was approved as amended.
IV. APPROVAL OF MINUTES (7:03 p.m.)
A. Approval of the August 19, 2014 Special Citv Council Meeting Minutes
Moved by Pederson, seconded by Martinson, to approve the August 19, 2014 special
City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the August 19, 2014 Regular City Council Meeting Minutes
It was noted on page two, line 19, it should state, "Ge4e-Pfint Go2Print..." On page two,
lines 27 and 28, it should state, "...Johnson confirmed the lack of
the design standards in Uptown Hamel and bring..." On page three, line one, Anderson
questioned asked for the width of the driveway..." On page three, line 21, it should
state, "...widen widened..."
Moved by Martin, seconded by Martinson, to approve the August 19, 2014 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA (7:05 p.m.)
A. Resolution No. 2014-54 Entering into MnDot Agreement No. 06485 with the
State of Minnesota
B. Approve State of Minnesota Department of Transportation and City of
Medina and Hennepin County Traffic Control Signal Agreement
C. Approve Randy's Environmental Services Request for an 1.9% CPI Rate
Increase per the License Agreement
Medina City Council Meeting Minutes
September 2, 2014
D. Approve FCC Notification for Spectrum Manager Lease Ownership
Disclosure Information and Spectrum Lease Agreement
E. Resolution No. 2014-55 Approving a Site Plan Review and Conditional Use
Permit for Saints Peter and Paul Cemetery
Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:06 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Meehan provided an update of the activity at the previous Park
Commission meeting including the Wakefield subdivision request and subsequent trail
discussion, noting that there was numerous resident input received. She advised that
the Commission recommended accepting a portion of park dedication through trails and
the remainder in cash. She advised that the Commission also reviewed another
subdivision request and recommended to accept cash in lieu for park dedication.
C. Planning Commission
Finke advised that the Commission will meet the following week to hold public hearings
to consider requests from Dominium Stage I, Woodland Hill Preserve, and the City
Staging and Growth Plan.
VII. NEW BUSINESS
A. 2015 Preliminary Budget and Tax Lew (7:10 p.m.)
Weir advised that a preliminary budget meeting was held prior to the meeting tonight.
Johnson reviewed the proposed changes from the 2014 year to the 2015 year, providing
information regarding the proposed changes to property taxes. He also provided
additional information regarding the general fund. He provided property tax levy
comparison information for the City compared to the neighboring cities. He reviewed the
proposed utility rate increases. He explained that the budget has been assisted by the
additional homes that have been built, which in turn increased the tax base of the City.
1. Resolution No. 2014-56 Approving Proposed Tax Lew for 2015
Moved by Martin, seconded by Pederson, to adopt Resolution No. 2014-56 approving
the 2015 preliminary tax levy. Motion passed unanimously.
2. Resolution No. 2014-57 Approving Proposed General Fund Budget
for 2015
Moved by Martin, seconded by Pederson, to adopt Resolution No. 2014-57 approving
the 2015 preliminary general fund budget. Motion passed unanimously.
3. Resolution No. 2014-58 Reducing Debt Service Tax Levies for 2015
Moved by Martin, seconded by Pederson, to adopt Resolution No. 2014-58 reducing the
debt service tax levies for 2015. Motion passed unanimously. •
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September 2, 2014
4. Establish Public Discussion Date for Final 2015 Tax Levy and
Budget
Moved by Martin, seconded by Pederson, to establish the 2015 final tax levy and budget
discussion for December 2, 2014 at 7:00 p.m. in City Hall. Motion passed
unanimously.
Weir commended Staff for their work on the proposed 2015 Budget.
B. Change to No Wake Ordinance on Lake Independence — Public Hearing
(7:17 p.m.)
Johnson stated that staff is requesting that the Council hold a public hearing to receive
comments and advised that he would take the comments and the proposed
amendments to the DNR for approval. He stated that once the DNR approves the
ordinance changes, the item would come back before the Council for action.
Weir opened the public hearing at 7:17 p.m.
Weir stated that the City has received many letters in support of this Ordinance, and one
letter against.
Mike McLaughlin, President of the Lake Independence Citizen Association, stated that
he did submit a letter to the City and did not have much to add to his written comments.
He noted that neighboring lakes are extending the no wake zone to the entire lake and
believed that this would assist in preventing erosion.
Weir noted that when the surrounding lakes have a no wake zone the traffic then moves
to the lake that does not have such an ordinance, which currently is Lake Independence,
noting that invasive species could be brought into the lake.
Rich Brasch, Senior Manager of Water Resources at Three Rivers Park District stated
that the District is aware of the issue and is supportive of the request to extend the no
wake zone to the whole lake. He acknowledged the organizations that are willing to
work together in order to protect the lakeshore and was supportive of the request.
Weir closed the public hearing at 7:21 p.m.
Johnson confirmed that the Council was comfortable submitting this request to the DNR.
C. Go2Print Media Group — Site Plan Review — 62 Hamel Road (7:23 p.m.)
Finke presented a request for a 1,500 square foot storage building at the rear of the lot
located at 62 Hamel Road. He acknowledged an access easement that runs through
the center of the parcel and prevents expansion of the existing building. He briefly
reviewed the Site Plan including the comments from staff and the Planning Commission.
He stated that the Planning Commission recommended approval of the request. He
advised that the applicant is requesting a partial waiver to the Tree Preservation
Ordinance and noted that the Commission did support this request as well.
Weir referenced the issue of windows and stated that she is happy with the windows
proposed as she would like something pleasant aesthetically because of possible
redevelopment that could occur on adjacent parcels.
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September 2, 2014
Tom Therrien, Go2Print, stated that he was present to answer any questions. He
referenced the garage door and stated that perhaps they will install a carriage style door
in order to provide a better aesthetic.
Weir noted that Therrien had purchased the old mill property and has done a great job
remodeling the property. She commended him for his efforts, noting that the structure
has become a highlight of Uptown Hamel. She asked if other employees would be hired
for the additional space.
Therrien advised that another employee would not be hired at this time; this would
simply move materials from one place to another to provide storage.
Martin referenced the access easement and questioned if the easement includes
language that the easement would be terminable upon certain actions.
Therrien stated that the easement is permanent.
Pederson asked if perhaps shutters or an awning could be installed with the windows on
the west side in order to further modulate the side.
Therrien stated that he would need to consult with his builder but would be open to
working with staff to make the building more aesthetically pleasing.
Weir referenced the landscaping plan and questioned if the large tree would be left in
place.
Therrien advised that tree already exists and is not actually located on his property.
Moved by Anderson, seconded by Pederson, to direct staff to prepare a resolution
granting site plan approval with the recommended conditions and additional direction for
the applicant to work with staff regarding the western facing wall. Motion passed
unanimously.
D. Capital Knoll — Preliminary Plat —1575 Hamel Road (7:38 p.m.)
Sparks presented a Preliminary Plat request for the property located at 1575 Hamel
Road to be titled Capital Knoll. He advised that the property is zoned for rural residential
and advised that the applicant is proposing to divide the property in that fashion in order
to create three lots. He advised that the proposed lots meet the size requirements of the
zoning district and provided additional information on the proposed access for those lots.
He noted that there are plans for a trail along Hamel Road but advised that would be
provided through the County right-of-way. He advised that the Park Commission
recommended cash in lieu for park dedication. He reported that the wetland delineation
report was reviewed by staff and the proposed wetland buffers would be suitable. He
advised that a shared driveway agreement and buffer planting plan for the wetland and
upper buffer easement would be required prior to Final Plat review. He stated that the
Planning Commission held a public hearing and recommended approval of the request.
Pederson stated that based on the resident input from the Planning Commission, the
residents were in support of leaving the road as -is.
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September 2, 2014
Finke provided additional information regarding the proposed widths of the northern lots,
noting that the proposed orientation would only allow a 15 foot strip for animal structures
because of the required setbacks. He stated that the Planning Commission discussed a
condition that would discuss notification of that in order to prevent variance requests in
the future. He stated that staff could develop specific language that buyers should be
notified of the City's setback requirements regarding animal structures.
Moved by Martin, seconded by Pederson, to direct staff to prepare a resolution
approving the Preliminary Plat based upon the findings in the staff report and subject to
the conditions noted in the report as well as an additional condition that buyers shall be
notified of the setback requirements for animal structures. Motion passed
unanimously.
E. Wakefield — Preliminary Plat — 3385 County Road 24 (7:48 p.m.)
Sparks presented a Preliminary Plat request for the property located at 3385 County
Road 24 to subdivide into three lots. He acknowledged the difficulties existing on the
site because of the wetlands and slopes. He advised that all three proposed lots would
meet the size requirements of the rural residential zoning district. He identified a shared
driveway that would be required by Hennepin County. He noted that the County is also
requesting the proposed location of the driveway for the third lot, in order to ensure
adequate spacing between the access points. He stated that there is no proposed tree
removal at this time. He advised that the Park Commission reviewed this request at
their last meeting and identified a proposed trail on the Trail Plan. He stated that the
Commission recommended accepting a 20 foot trail easement be provided. He advised
that the Planning Commission also recommended approval of the request.
Pederson questioned if the driveway easement would need to be established.
Sparks confirmed that would need to be established.
Weir stated that she walked the land the previous day, noting that it is beautiful land,
also acknowledging the wetlands and sloping terrain.
Bill Kuhlmann stated that the property is owned by a partnership, of which the partners
are from various trusts. He agreed with the update provided by Meehan. He stated that
because of the sloping terrain and wetlands on the property, it would be difficult to
provide a trail in the previously proposed location. He explained that is why they had
proposed to place the trail on the western side of the property. He advised that the
County also had concern with placing the trail access near the driveway location. .
Weir stated that the proposed trail would intersect the road at a place where visibility is
not great and traffic is fast. She stated that if the northerly Baker Park trail head was still
existing then the easterly trail location would be ideal. She recognized the park
standards regarding the 80 percent development limit and the limitations that could have
on trails. She questioned if the trail easement should be kept on the western side and
noted that if it were kept its width could be reduced as a 20 foot trail would be intrusive to
the low wetlands on the property.
Anderson agreed with the comments made by the Park and Planning Commissions that
the trail should be located on the western side of the property.
Medina City Council Meeting Minutes 5
September 2, 2014
Martin stated that she also agreed with those comments but was unsure of the width that
would be appropriate.
Finke stated that staff will review if a trail in that location would be necessary and a trail
in the western location would not fit with the trail plan and would not provide connection.
Weir questioned the purpose of the eastern trail without the connection to Baker Park.
Sparks advised that the proposed eastern trail would fit with the Trail Plan.
Meehan stated that the western trail would connect to Baker Park to provide a loop in
that area. She advised that this would be a proposed trail and may not ultimately be
constructed.
Weir stated that it appears that the Park Commission is recommending to accept
something rather than nothing, while staff is opposed to that idea.
Roland Aberg stated that he is also part of the trust involved in this property. He stated
that he is also a landscape designer and master planner and referenced the existing
' slopes on the property. He stated that the existing slope would not be suitable for
horses or bicycle traffic. He referenced the mitigation that was necessary for the
driveways through the Minnehaha Watershed District and stated that a trail would
similarly require mitigation efforts. He was not sure that the trail easement would serve
a purpose because of those issues.
Martin confirmed that the suggestion would then be to accept cash in lieu for park
dedication.
Anderson stated that in this instance that might be the best way to go.
Martin stated that she would also support that.
Weir stated that while she does not like to go against the recommendation of the Park
Commission she was unsure how functional a trail would be on the property.
Martinson stated that she would not want to interfere with the Master Parks and Trails
Plan but agreed that this may not be the best location for a trail. She stated that perhaps
the Park Commission could review this area to determine if this connection or a lack of a
connection would have an impact.
Finke reported that the Park Commission could not meet again before the next meeting
but noted that staff could review the item prior to the next Council meeting.
Weir stated that she would be in favor of not requiring an easement and accepting cash
in lieu.
Meehan stated that perhaps the western portion could be reserved as a placeholder and
further investigation could be done.
Sparks noted that the review deadline is October 11th
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September 2, 2014
Weir stated that this has been a lengthy process and she would like to move this
forward.
Martin asked that the applicant confirm that the applicant could support cash in lieu in
terms of park dedication if that moves the request forward. She requested if the Council
could move this along with a condition that the decision regarding park dedication,
whether to accept cash or a trail easement, could be made within a specific period of
time.
Batty confirmed that would be an option and stated that in terms of width it could state
an easement of adequate width.
Moved by Martin, seconded by Martinson, to direct staff to prepare a resolution
approving the Preliminary Plat based upon the findings in the staff report and subject to
the conditions noted in the report with direction for staff to amend condition eight which
would provide an option to accept an easement along the western portion of the property
of adequate size or cash in lieu. Motion passed unanimously.
F. Resolution No. 2014-59 to Contract with a Council Member (Hwv 55 Rental
for Medina Celebration Dav) (8:24 p.m.)
Pederson recused himself from the discussion.
Johnson stated that this resolution provides transparency that the City is going to
contract with Pederson for Celebration Day.
Moved by Martinson, seconded by Anderson, to adopt Resolution No. 2014-59 to
contract with a council member. Motion passed unanimously.
Pederson rejoined the Council.
G. Engagement Letter from Briggs and Morgan
Johnson provided an engagement letter from Briggs and Morgan to contract with the
City to provide services in regard to the cable franchise issues. He noted that a second
letter discloses that Briggs and Morgan also contracts with Xcel Energy.
Anderson questioned why Kennedy and Graven would not be contracted for this matter.
Weir stated that Batty suggested a colleague whom deals with these matters. She
advised of a conflict the Medina representative has with Kennedy and Graven's
representative. Kennedy and Graven represents the Lake Minnetonka Communication
Commission (LMCC).
Batty advised that there is no current conflict but was in support of this request.
Moved by Martin, seconded by Anderson, to authorize execution of the two letters from
Briggs and Morgan. Motion passed unanimously.
Vlll. CITY ADMINISTRATOR REPORT (8:28 p.m.)
Johnson advised that he had mixed up the dates for the upcoming Tower Drive Open
House and would provide notice to the City Council about the upcoming open house.
Medina City Council Meeting Minutes 7
September 2, 2014
IX. MAYOR & CITY COUNCIL REPORTS (8:28 p.m.)
Weir provided an update on upcoming meetings that she and Johnson will attend.
Martin thanked Weir for her efforts in regard to natural resources.
X. APPROVAL TO PAY THE BILLS (8:29 p.m.)
Moved by Martinson, seconded by Pederson, to approve the bills, EFT 002762E-
002775E for $40, 666.07, order check numbers 041691-041766 for $260, 248.18, and
payroll EFT 505864-505888 for $43, 701.31. Motion passed unanimously.
XI. ADJOURN
Moved by Anderson, seconded by Martin, to adjourn the meeting at 8:30 p.m. Motion
passed unanimously.
eth Weir, Mayor
Attest:
Scott Johnson, City Administrator
Medina City Council Meeting Minutes 8
September 2, 2014
ORDER CHECKS August 20. 2014 - September 2. 2014
041691 AHMED, SHABBIR $250.00
041692 KOEHLER, JAMES $250.00
041693 US HOME CORP $20,000.00
041694 MATTAMY MPLS PRTNSHP $20,000.00
041695 MINNESOTA REBELS BASEBALL $500.00
041696 MINNICH, KERRY $10,000.00
041697 WAAGE, KRISMAR $250.00
041698 MN DVS $3,098.47
041699 ZEHNDER HOMES, INC $10,000.00
041700 INDEPENDENT SCHOOL DIST 284 $150.00
041701 US HOME CORP $50,000.00
041702 CITY OF MAPLE PLAIN $1,450.47
041703 MARASAKATLA, SUNITHA $200.00
041704 CITY OF ORONO $3,058.45
041705 SAM'S CLUB $68.07
041706 SINGH, SUNITA $50.00
041707 ASPEN MILLS INC $760.20
041708 BERGERSON CASWELL INC $1,336.50
041709 BIFFS INC $457.28
041710 BRYAN ROCK PRODUCTS $610.20
041711 BUDGET PRINTING $20.48
041712 CAREFREE SERVICES INC $840.00
041713 CIPHER LABORATORIES INC. $209.70
041714 COMMERCIAL ASPHALT CO. $3,357.37
041715 COUNTRYSIDE CAFE $268.75
041716 DESIGNING NATURE, INC. $15,732.85
041717 DPC INDUSTRIES INC $1,878.02
041718 ECM PUBLISHERS INC $189.14
041719 ESS BROS. & SONS, INC $268.00
041720 GOODIN COMPANY $80.94
041721 GRAFIX SHOPPE $993.61
041722 HAKANSON ANDERSON ASSOCIATES I $682.50
041723 HD SUPPLY WATERWORKS LTD $2,636.00
041724 HENN COUNTY CORRECTIONS $1,712.00
041725 HENN COUNTY INFO TECH $771.55
041726 HENRYS WATERWORKS INC $521.93
041727 HOLIDAY FLEET $856.40
041728 INTERSTATE ALL BATTERY VOID
041729 JOHN DEERE LANDSCAPES $328.68
041730 KERN, DEWENTER & VIERE $6,200.00
041731 KELLY'S WRECKER SERVICE INC $150.00
041732 KENNEDY & GRAVEN CHARTERED $10,860.91
041733 LARKIN AUTO $305.90
041734 LAW ENFORCEMENT LABOR $720.00
041735 LUTHER BROOKDALE CHEVROLET $468.08
041736 MADISON NATIONAL LIFE $532.55
041737 MARCO INC $566.97
041738 MATHESON TRI-GAS INC $144.60
041739 MEDINA MOBIL, INC $100.00
041740 METRO WEST INSPECTION $12,939.61
041741 MINUTEMAN PRESS $945.77
041742 MNAWWA $280.00
041743 NAPA OF CORCORAN INC $258.16
041744 NELSON ELECTRIC MOTOR REPAIR $220.00
041745 OFFICE DEPOT $318.82
041746 CITY OF ORONO $44.82
041747 PAINT -A -LOT $3,839.55
041748 PIPELINE SUPPLY INC $140.76
041749 QUALITY RESOURCE GROUP INC $547.79
041750 ROLF ERICKSON ENTERPRISES INC $6,826.00
041751 ROSEVILLE, CITY OF $260.00
041752 SCHMIDT CURB COMPANY INC $22,845.00
041753 SCHOENING EXCAVATING INC $7,200.00
041754 SIRCHIE FINGER PRINT LAB, INC. $297.35
041755 STREICHER'S $738.82
041756 TEGRETE CORP $1,332.00
Medina City Council Meeting Minutes 9
September 2, 2014
041757 TIMESAVER OFFSITE $131.00
041758 UPTOWN HAMEL INC $65.00
041759 VIKING INDUSTRIAL CENTER $582.75
041760 VISU-SEWER INC $2,725.92
041761 MN DVS $11.00
041762 WESTSIDE WHOLESALE TIRE $312.04
041763 WSB &ASSOCIATES $23,382.50
041764 Void $0.00
041765 Void $0.00
041766 ZIEGLER INC $116.95
Total Checks $260,248.18
Electronic Payments August 15, 2014 — August 28. 2014
002762E HARTFORD LIFE $402.00
002763E HARTFORD LIFE $402.00
002764E PITNEY BOWES $123.00
002765E PIVOTAL PAYMENTS INC $195.44
002766E PITNEY BOWES POSTAGE BY PHONE $3,999.94
002767E MINNESOTA, STATE OF $2,770.00
002768E DELTA DENTAL $2,144.11
002769E PR PERA $12,489.88
002770E PR FED/FICA $13,608.15
002771E PR MN Deferred Comp $1,000.00
002772E PR STATE OF MINNESOTA $3,029.55
002773E SELECT ACCOUNT $465.00
002774E CITY OF MEDINA $17.00
002775E FARMERS STATE BANK OF HAMEL $20.00
Total Electronic Checks $40,666.07
PAYROLL DIRECT DEPOSIT August 27. 2014
505864 BARNHART, ERIN A $2,070.03
505865 BELLAND, EDGAR J. $2,363.03
505866 BOECKER, KEVIN D $2,372.16
505867 CONVERSE, KEITH A. $2,003.10
505868 DINGMANN, IVAN W. $1,812.63
505869 DOMINO, CHARMANE $1,623.47
505870 FINKE, DUSTIN D $2,169.34
505871 GALLUP, JODI M. $1,563.43
505872 GLEASON, JOHN M $1,673.17
505873 GREGORY, THOMAS $1,893.69
505874 HALL, DAVID M $1,950.82
505875 HUNZ, MATTHEW E $565.42
505876 JESSEN,JEREMIAH S. $1,997.89
505877 JOHNSON, SCOTT T $2,164.74
505878 KLAERS, ANNE M. $875.62
505879 LANE, LINDA $1,439.61
505880 LEUER, GREGORY J $1,970.55
505881 MCGILL, CHRISTOPHER R. $1,697.78
505882 NELSON, JASON $2,388.55
505883 PETERSON, DEBRA A. $1,536.56
505884 REINKING, DEREK M $1,626.35
505885 SCHERER, STEVEN T $2,264.43
505886 VIEAU, CECILIA M $1,190.13
505887 VINCK, JOHN J. $1,965.83
505888 WENANDE, BRANDON S. $522.98
Total Payroll Direct Deposit $43,701.31
Medina City Council Meeting Minutes 10
September 2, 2014