HomeMy Public PortalAbout09/16/2014 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 16, 2014
The City Council of Medina, Minnesota met in regular session on September 16, 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 Ron Batty, City Engineer
Tom Kellogg, City Planner Dusty Finke, Public Works Director Steve Scherer, Police
Sergeant Jason Nelson, and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:01 p.m.)
Weir requested to add an item under new business, Item A, Update from Mediacom.
Moved by Anderson, seconded by Pederson, to approve the agenda as amended.
Motion passed unanimously.
IV. APPROVAL OF MINUTES (7:02 p.m.)
A. Approval of the September 2, 2014 Special Citv Council Meeting Minutes
Moved by Pederson, seconded by Martinson, to approve the September 2, 2014 special
City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the September 2, 2014 Regular Citv Council Meeting Minutes
It was noted on page two, line 19, it should state, "...including the a Wakefield
subdivision..." On page three, line 28-30, it should state, "...lake that does not have
such an ordinance..." On page three, line 24, it should state, "Mike McLaughlin,
President of Lake Independence Citizen Association,..." On page four, line 11, it should
state, "...if an►etheF other employees would be hired for this the additional space." On
page four, line 28, it should state, "...would be planned left in place." On page five, lines
45-48, it should state, "
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." On
page six, line eight, it should state, "Weir questioned the purpose of the eastern trail
without the connection to Baker Park." On page seven, line five, it should state, "Martin
wed asked that the applicant confirm that the applicant would could support..." On
page seven, line seven, it should state, "...cash or a trail easement, could be made
within a specific period of time." On page seven, line 39, it should state, "She advised of
a conflict with the Medina that -this representative has with Kennedy and Graven's
Medina City Council Meeting Minutes 1
September 16, 2014
representative. Kennedy and Graven represents the Lake
Minnetonka Communications Commission (LMCC)." Line 17, cash in lieu of an
easement..."
Moved by Anderson, seconded by Martinson, to approve the September 2, 2014 regular
City Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA (7:10 p.m.)
A. Approve 2015 Rate Schedule for WSB & Associates, Inc.
B. Resolution No. 2014-60 Granting Site Plan Review Approval for
Construction of an Accessory Storage Building for Hamel Mill and Stable,
LLC
C. Resolution No. 2014-61 Granting Preliminary Plat Approval to the Wakefield
Limited Partnership
Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:10 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Scherer reported that the Park Commission will meet the following night to discuss park
dedication for the Wakefield Trust Preliminary Plat and for the Woodland Hill Preliminary
Plat. He advised that the Commission will also discuss a potential Eagle Scout project.
C. Planning Commission
Planning Commissioner Mitchell reported that the Planning Commission held a public
hearing regarding the Dominium project, which has been revised from the last
presentation. He advised that many residents attended and provided input regarding the
issue of affordable housing itself and the mixed use zoning district. He advised that the
Commission also considered a possible development, specifically regarding tree
preservation. He noted that the Commission also discussed a potential Comprehensive
Plan amendment. He advised that the Commission also discussed a proposed
apartment building along Hamel Drive.
VII. NEW BUSINESS
A. Mediacom Update (7:14 p.m.)
Mark Ayotte, legal counsel to the City regarding Mediacom, stated that he was present
to provide an update on recent activities and staff discussion regarding the system build
out provisions of the Franchise Agreement. He provided background information noting
that there was a system extension provision within the Franchise, which would allow the
City to reach its objective to have services available to 100 percent of residents. He
stated that the first provision stated that Mediacom would build out a total of 15 miles
within the first three years; five miles in 2014, five miles in 2015 and the five remaining
miles in 2016. He noted that Mediacom would cost -share an additional 15 miles of
system extension within the City, which would equal a total amount of 30 miles of build
out in the first three years. He noted that the contribution rate was set at a rate per mile,
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September 16, 2014
which is capped at $180,000. He stated that there have been discussions between City
staff and Mediacom regarding the build out and staff identified the proposed routes and
areas for service. He advised that Mediacom responded back with its own proposed
map and discussions have continued. He stated that a system design was completed
for the entire city, and through that process, Mediacom determined that it would not be
30 miles that would be necessary to complete the build out, it would actually be 48 miles
to provide service to the entire city. He stated that the City has asked additional
questions of Mediacom in regard to Mediacom's map and process. He stated that
Mediacom has identified areas of the city for proposed build out this year, which is 9.91
miles and is currently identified as Phase II of the City map. He stated that the City has
asked for information regarding the 18 additional miles identified by Mediacom and
additional information regarding density for that area. He stated that Mediacom has not
been responsive to the questions from the City and that Mediacom only is pushing
forward this option for build out of 9.91 miles in 2014. He stated that Mediacom has
additionally stated that its proposed route would be the only route they could complete in
the 2014 construction season as they would not have sufficient time to design another
route this year. He stated that after discussion there was agreement that Mediacom
does not have time to delay and needs to start construction in order to complete the
work in 2014, noting that the alternate option would be to have nothing built this year.
He stated that the consensus of staff is to recommend that the City Council accept the
build out proposal from Mediacom and authorize up to $120,000, pursuant to the cost -
sharing provision of the Franchise, noting that staff would work to negotiate the cost -
share payment terms prior to payment.
Martin asked for additional clarification regarding the Franchise Agreement language
regarding the cost -share.
Ayotte stated that the Franchise states that the City will pay the actual cost to construct
the cable, and the cost will not exceed $12,000 per mile.
Anderson stated that the issue that the Council is presented with is that the Franchise
Agreement stated that there would be 30 miles of build out but that now Mediacom is
stating there is 48 miles of build out.
Ayotte agreed that it's a difference between the original 30 miles and the now proposed
48 miles, noting that staff would like Mediacom to explain the additional miles. He stated
that the City would like to discuss the options available for the additional build out miles
within the original 30 in order to extend the service to the highest amount of residents,
and if it is necessary, to build out the remaining 18 miles now identified.
Martin stated that it appears that Mediacom committed to a specific amount of miles but
not to the City entirely and that the Franchise does not identify the actual plan for
extension.
Ayotte stated that the Franchise does not speak to 100 percent build out and instead
agrees to extend services that may not otherwise qualify for service because of the
density rate in the area. He noted that this is when the planning process would be
crucial in order to determine areas that would require service that may never meet the
density requirement, while other areas will be developed.
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September 16, 2014
Martin stated that it appears that if the City agrees to this build out that the City would
"eat up" 9.91 miles of cost -share miles. She stated that she would like to see
measurement and cost proof to ensure that 9.91 miles were really constructed. She
questioned if the City wants to spend 9.91 of the cost -share miles on this area due to the
density and the impact that decision could have on future desired build out locations.
Anderson confirmed that this proposal was submitted by Mediacom for build out and
questioned the City's preference for build out in the first phase.
Johnson identified areas the City ranked as high preference areas.
Anderson agreed that the City should be considerate of its dollars and should place the
service in areas of density.
Ayotte stated that the City map was not completed in the thought of designing the cable
network but instead identified preferred areas and years for installation, recognizing that
the City was working with the understanding that 30 miles were needed to build out the
City as contemplated in the Franchise. He stated with that understanding the years of
build out were not as important, but noted that has changed because the 18 additional
miles were identified. He explained that when building a cable network the line must
remain within utility easements and does not necessarily run along roadways.
Pederson questioned if there is certainty that 48 miles would completely build out the
City.
Ayotte stated that staff would like to work with Mediacom to determine if the 48 mile plan
from Mediacom could be modified to reduce the amount of plant necessary to extend
service. He stated that the only response from Mediacom has been that due to the date
this Phase II plan would be the only option to move forward with construction this year.
He stated that staff would like to move forward with this construction and the right to
preserve the rights under the Franchise, noting that this would allow for this area to be
constructed in 2014 and would also provide staff with sufficient time to hold discussions
with Mediacom over the winter in order to make a better informed decision moving
forward.
Weir stated that the choice before the Council tonight is whether to accept the Phase II
plan submitted by Mediacom or to delay, which would result in no construction
completed in 2014. She stated that neither choice is great, although acknowledged that
these homes would like service.
Martinson questioned if the proposed 9.91 miles is the original calculation of miles for
the proposed areas or whether that is under the newly calculated 48 miles.
Ayotte confirmed that the 9.91 miles of plant is included in the 48 mile design plan.
Finke stated that staff designed their calculations along streets, which is not how the 48
mile design plan was calculated.
Martinson questioned if agreeing to the 9.91 miles would have an impact on the ability to
provide service along Highway 55, as extending service to the businesses in that area is
a priority.
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Ayotte explained that if that area is high priority, that can be identified in the remaining
areas of the city to be built out including businesses and higher density residential areas
to ensure that the largest benefit is received from these build out miles.
Martin clarified what she believed was addressed in the Franchise regarding the 30
miles of build out and questioned if the Franchise addresses if additional miles are
needed.
Ayotte agreed that the Franchise only addresses 30 miles and does not include a
provision that addresses whether additional miles would be built out above 30.
Martin stated that it appears the Franchise is silent on whether additional miles could be
built out above the 30 specified and desired additional information regarding the City's
contractual rights.
Ayotte stated that after a four hour meeting this afternoon it is the recommendation of
staff that the Council approve this action in order to ensure construction this year and
decrease additional costs. He provided additional information on the differences the City
and Mediacom have regarding interpretation of specific language used in the Franchise.
He advised that the drops to homes will not be included in the calculation of build out
miles.
Moved by Martin, seconded by Anderson, to accept the build out proposed by Mediacom
and authorize up to $120,000, pursuant to the cost -sharing provision of the Franchise,
subject to staff negotiating proper payment terms and validation of actual costs and
compliance to the contract.
Further discussion: Anderson stated that he found it difficult to believe that a vendor of
this size with this amount of expertise could have such a large error in the amount of
miles needed to fully service the City. He stated that his home is within this, proposed
build out area and would delay service to his home in order to negotiate this further.
Martinson questioned the level of negotiating power that the City would be giving up by
approving this plan.
Ayotte stated that staff is not recommending that Council approve anything. The City
Council can accept the proposed plans from Mediacom and authorize the expenditures
with reservations. He stated that he has clarified with the legal counsel for Mediacom
that if this moves forward this does not set a precedent and would not impact future
negotiations, meaning that acceptance of this plan would not be indicative of future plans
for build out.
Martinson stated that her concern with negotiating abilities would be regarding the fact
that the City would be spending more of their cost -share miles on this smaller area.
Weir stated that this 9.91 miles was negotiated with Mediacom for this year, as
Mediacom was not under the impression that the City would want to build their cost -
share portion so quickly. She questioned if the City were to delay construction this year,
could that mileage be built the next year.
Medina City Council Meeting Minutes 5
September 16, 2014
Ayotte agreed that Mediacom was under the impression that the cost -share mileage
would be built out within the three years, not necessarily the first year. He noted that the
Mediacom representative the City works with had to present the request to Mediacom in
order to move forward this year as Mediacom had not budgeted those funds for 2014.
Judy Mallet stated that there has been intense discussion over this issue today. She
noted that her home is also located in this proposed service area. She stated that there
is no good answer as many items need to be considered including the desire for homes
within the proposed service area to receive service and the ability for future negotiations,
noting that the full 30 mile build out plan has not been seen. She stated that until a
meeting with Mediacom is held, the full information is not known. She believed that this
is such an anomalous situation for Mediacom, where a City is willing to facilitate build out
so quickly, that this is what they were able to plan for in such a short manner of time.
She stated that since the time of the Franchise development, the State of Minnesota has
identified a broadband fund, and when the additional miles were identified Mediacom
expressed a possible desire to go to the State to request funding. She stated that the
City could also apply for funds from the State and explained that there would be a
matching funds clause that could be met by the Mediacom funds. She stated that this is
a very complex issue and did not believe there was a right or wrong answer.
Anderson stated that he would not be in favor of moving forward at this time.
Martinson and Weir stated that they would be willing to move forward as plant in the
ground moves the City forward towards their goal of build out.
Pederson stated that he believed additional information is necessary and stated that he
would be willing to meet the following day in order to obtain more information.
Ayotte stated that there would not be additional information available tomorrow.
Martin retracted the motion on the floor.
Moved by Martin, seconded by Martinson, to Accept Mediacom's proposed build -out for
phase 2 as generally depicted on the plan we received this evening in the area marked
LMT-M11-A and to authorize the City expenditure of up to $120,000 pursuant to the cost
sharing provisions of the Cable Franchise. Payment terms of the City's cost sharing
amount will be agreed to between staff and Mediacom but the Council provides the staff
with this direction: 1) Any payment to Mediacom would be conditioned upon
documentation of both a) Actual cost of build -out; and b) Actual lineal footage of lines or
plant installed. 2) Prior to initiation of any construction by Mediacom the plans on which
those lines will be installed will be presented to staff for verification that the build -out is
actually within right of way and does not exceed right of way as we understand it to be.
3) Express reservation of rights under the existing Franchise Agreement. 4)Continue to
direct staff and our consultants to proceed with negotiations to better understand both
the extent,necessity, and cost to build out the City such that access is available to all
residents.
Motion passed 3-2 (Anderson and Pederson opposed).
Medina City Council Meeting Minutes 6
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B. Resolution No. 2014-62 Supporting a Minnesota Board of Water and Soil
Resources Clean Water Fund Grant Application for the Tower Drive Water
Quality Improvement Project (8:34 p.m.)
Johnson stated that staff has an updated pond layout which includes engineer's costs for
the Tower Drive storm water project. He stated that the estimated project costs are
$351,800. This amount includes the proposed iron filter. He stated that the City has
preliminarily received a grant from the Elm Creek Watershed in the amount of $62,500.
He asked for Council approval to submit the grant request application.
Anderson asked for additional information regarding the language addressing possible
contamination and the Raskob property.
Kellogg stated that there is no cost contingency in this estimate to remove contaminated
soils. He advised that soil borings were taken on the site and noted that although
construction debris were found on the site it can be difficult to determine if there will be
contamination found throughout the project. He stated that if contaminated materials are
found they will be incorporated into the unbuildable area on the Raskob property.
Pederson stated that in his experience he does not believe that there will be much debris
in the project area.
Scherer stated that a stakeholders meeting was held for the Tower Drive project, which
is much larger than this pond project. He stated that he has directed WSB to reduce the
amount of net property taking for the project. He noted that the majority of the
discussion occurred regarding on street parking.
Pederson stated that it appears the stakeholders understand the need for the project
and are in favor of moving forward.
Scherer stated that this project came forward two years ago and there was a lot of
opposition because of the assessments but noted that opposition seems to have
evaporated and there is now an understanding of the need for the project.
Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2014-62
Supporting a Minnesota Board of Water and Soil Resources Clean Water Fund Grant
Application for the Tower Drive Water Quality Improvement Project. Motion passed
unanimously.
Kellogg advised that staff hopes to complete the application this week in order to submit
the application prior to the September 26th deadline. He confirmed that the Elm Creek
Watershed is going to be updating their rules and noted that the plans for this pond
would meet the proposed new rules of the Watershed.
VIII. CITY ADMINISTRATOR REPORT (8:50 p.m.)
A. Fields of Medina Park Update
Scherer provided an update on the progress for the park at the Fields of Medina. He
stated that the dirt was moved from the site the previous week and noted that the goal is
to construct the parking lot and trails, with paving of the parking lot to occur this year.
He stated that the ground has not settled enough and the bids would not be at all
Medina City Council Meeting Minutes 7
September 16, 2014
favorable for installation of concrete this fall and therefore the sport court could not be
completed this fall.
Kellogg noted that staff has submitted a recommendation on how to best repair the
roadways to the contractor and stated that the City has made it clear that the City will not
take ownership of the roadway until the road is repaired.
Scherer confirmed that staff will send a letter to the residents of Fields of Medina
addressing the delay and the decision to delay the sports court.
IX. MAYOR & CITY COUNCIL REPORTS (8:55 p.m.)
Pederson stated that he attended the pre -assessment hearing for Tower Drive the
previous night.
Weir stated that she met with Finke and a developer to discuss the Villas of Medina
residential proposal and explained that additional woodland would need to be preserved,
particularly in the northwest corner. She believed that there could be compromise on the
part of the developer as well as the City. She recognized the desire of the Planning
Commission for staff to review design standards for Uptown Hamel but acknowledged
the large amount of work staff has had with other items, including Mediacom. She
confirmed that the Uptown Hamel design standards would be delayed until at least 2015
so as to not overload staff.
X. APPROVAL TO PAY THE BILLS (8:58 p.m.)
Moved by Martinson, seconded by Martin, to approve the bills, EFT 002776E-002797E
for $47,023.35, order check numbers 041767-041830 for $293,358.41, and payroll EFT
505889-505914 for $45, 799.42. Motion passed unanimously.
Xl. ADJOURN
Moved by Anderson, seconded by Martinson, to adjourn the meeting at 8:59 p.m.
Motion passed unanimously.
Attest:
J
Scott Johnson, OtEy Administrator
Medina City Council Meeting Minutes 8
September 16, 2014
ORDER CHECKS September 3.2014 - September 16.2014
041767 FELDMAN, AIMEE $150.00
041768 INIGUEZ, VICTOR HUGO $250.00
041769 US HOME CORP $70,000.00
041770 LEXISNEXIS RISK DATA MGMT INC $37.50
041771 MATTAMY MPLS PRTNSHP $20,000.00
041772 NORTON HOMES $10,000.00
041773 PREMIUM WATERS INC $22.54
041774 WESTSIDE WHOLESALE TIRE $96.00
041775 ZEHNDER HOMES, INC $20,000.00
041776 ASPEN MILLS INC $531.70
041777 CAUGHEY, SANDRA $150.00
041778 FLORES, ZULEMA $250.00
041779 INTERSTATE ALL BATTERY $119.98
041780 US HOME CORP $30,000.00
041781 POPOWSKI, MOLLY $160.00
041782 SINGH, PARVINDER $212.50
041783 WSB & ASSOCIATES $28,287.00
041784 ADAM'S PEST CONTROL INC $75.00
041785 CENTURYLINK $221.53
041786 COMPASS PEER GROUP $1,200.00
041787 DESIGNING NATURE, INC. $4,642.60
041788 DESLAURIERS & SONS INC $644.00
041789 DIAMOND MOWERS INC. $771.63
041790 ECM PUBLISHERS INC $150.80
041791 EQUIFAX $7.99
041792 FINELINE CONCRETE CUTTING INC $275.00
041793 GOPHER STATE ONE CALL $686.55
041794 HACH COMPANY $757.26
041795 HAMEL LUMBER INC $353.07
041796 HAMEL LIONS CLUB $562.50
041797 HENN COUNTY INFO TECH $79.50
041798 HENN COUNTY SHERIFF $175.55
041799 HENN COUNTY TAXPAYER SVCS DEPT $109.50
041800 JOHN DEERE LANDSCAPES $87.89
041801 LANGUAGE LINE SERVICES $27.19
041802 LANO EQUIPMENT INC $228.96
041803 LEAGUE OF MINNESOTA CITIES $5,235.00
041804 CITY OF MAPLE PLAIN $2,274.11
041805 METROPOLITAN COUNCIL $31,981.95
041806 METROPOLITAN COUNCIL $18,536.87
041807 METRO ALARM CONTRACTORS INC $360.00
041808 MORRIS ELECTRONICS INC $87.50
041809 NAPA OF CORCORAN INC $178.68
041810 NORDGREN AUTOMATIVE INC $1,328.49
041811 NORTHWEST ASSOC CONSULTANTS $6,698.48
041812 OFFICE DEPOT $219.53
041813 CITY OF ORONO $3,542.93
041814 PAUL BAERTSCHI $155.00
041815 RAINBOW PARTY ARTS $330.00
041816 VOID $0.00
041817 SCHARBER & SONS, INC. $5.00
041818 ST PAUL STAMP WORKS INC $30.10
041819 STREICHER'S $15,167.46
041820 TALLEN & BAERTSCHI $4,196.44
041821 TIMESAVER OFFSITE $131.00
041822 . UFC FARM SUPPLY $27.98
041823 UNIFORMS UNLIMITED $111.65
041824 VIKING INDUSTRIAL CENTER $45.00
041825 BIFFS INC $504.00
041826 CHURCH OF JESUS CHRIST OF LDS $250.00
041827 GANESAN, KRISHNAN $250.00
041828 MATTAMY MPLS PRTNSHP $10,000.00
041829 ROSSINI, RACHELLE $250.00
041830 S & S TREE SPECIALISTS $137.50
Total Checks $293,358.41
Medina City Council Meeting Minutes 9
September 16, 2014
Electronic Payments Auaust 29, 2014 — September 11, 2014
002776E VALVOLINE FLEET SERVICES $95.98
002777E WRIGHT HENN COOP ELEC ASSN $1,820.93
002778E ELAN FINANCIAL SERVICE $2,630.75
002779E PAYMENT SERVICE NETWORK INC $257.90
002780E EXXONMOBIL FLEET - WEX BANK $3,747.61
002781E CITY OF PLYMOUTH $672.15
002782E CULLIGAN-METRO $96.79
002783E SELECT ACCOUNT $78.50
002784E FRONTIER $53.99
002785E FARMERS STATE BANK OF HAMEL $4.00
002786E MARCO (LEASE) $477.66
002787E PR PERA $12,973.63
002788E PR FED/FICA $14,116.11
002789E PR MN Deferred Comp $1,000.00
002790E PR STATE OF MINNESOTA $3,181.73
002791E SELECT ACCOUNT $465.00
002792E CITY OF MEDINA $18.00
002793E FARMERS STATE BANK OF HAMEL $20.00
002794E CIPHER LABORATORIES INC. $4,753.00
002795E AFLAC $434.92
002796E MEDIACOM OF MN LLC $54.95
002797E PREMIUM WATERS INC $69.75
Total Electronic Checks $47,023.35
PAYROLL DIRECT DEPOSIT September 10. 2014
505889 ALTENDORF, JENNIFER L. $1,390.81
505890 BARNHART, ERIN A $1,806.66
505891 BELLAND, EDGAR J. $2,346.39
505892 BOECKER, KEVIN D $2,673.34
505893 CONVERSE, KEITH A. $2,055.33
505894 DINGMANN, IVAN W. $2,231.55
505895 DOMINO, CHARMANE $1,676.23
505896 FINKE, DUSTIN D $2,215.62
505897 GALLUP, JODI M. $1,563.44
505898 GLEASON, JOHN M $1,924.45
505899 GREGORY, THOMAS $1,785.24
505900 HALL, DAVID M $1,985.65
505901 HUNZ, MATTHEW E $568.66
505902 JESSEN, JEREMIAH S. $1,977.72
505903 JOHNSON, SCOTT T $2,305.53
505904 KLAERS, ANNE M. $601.98
505905 LANE, LINDA $1,414.30
505906 LEVER, GREGORY J $1,846.90
505907 MCGILL, CHRISTOPHER R. $1,734.14
505908 NELSON, JASON $2,952.63
505909 PETERSON, DEBRA A. $1,536.57
505910 REINKING, DEREK M $1,425.37
505911 SCHERER, STEVEN T $2,264.42
505912 VIEAU,CECILIA M $1,174.78
505913 VINCK, JOHN J. $1,875.03
505914 WENANDE, BRANDON S. 466.68
Total Payroll Direct Deposit $45,799.42
Medina City Council Meeting Minutes 10
September 16, 2014