HomeMy Public PortalAbout09/17/2013 CCMMEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 17, 2013
The City Council of Medina, Minnesota met in regular session on September 17, 2013 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, and Chief
of Police Ed Be!land.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was approved as presented.
IV. APPROVAL OF MINUTES
A. Approval of the September 3, 2013 Special Open House City Council
Meeting Minutes
It was noted that roll call section should be updated to reflect that Martinson was present
and Martin was absent.
Moved by Pederson, seconded by Anderson, to approve the September 3, 2013 Special
Open House City Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the September 3, 2013 Regular City Council Meeting Minutes
Moved by Anderson, seconded by Martinson, to approve the September 3, 2013 regular
City Council meeting minutes as presented. Motion passed unanimously.
V. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Planning Commission
Planning Commissioner Kent Williams advised that the Commission did not meet in
August and provided an update on the September meeting, which occurred the previous
week. He advised that the Commission heard a proposed development for a mixed -use
property, which included single-family housing and one apartment building. He reported
that the Commission voted in unanimous denial of the request because of the
homogeneous single-family house type with one apartment building placed into the
development to make up the density. He noted that the developer had stated that
townhouses would not be economically viable and advised that the Commission has
heard that more than once in the past few years. He advised that the Commission also
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held a public hearing for a request for a 13-lot development, Fawn Meadows, which the
Commission denied. He explained that the Commission felt the plat could have been
done in a manner that made better use of the parcel. He advised of another application
for approval of a plat to create two lots on Lake Independence, noting the only issue
would be a garage that would be made nonconforming because of setbacks. He
advised that the Commission voted to recommend unanimous approval of the request,
subject to a number of conditions, and noted that the applicant will come back before the
Commission at its next meeting to make a variance request.
B. Park Commission
Scherer reported that the Park Commission will meet the following night to discuss the
Concept Plan for the park at the Fields of Medina. He hoped that at least grading could
be completed this fall. He advised that the Commission will also discuss the dog park
concept.
VI. CONSENT AGENDA
A. Approve Raffle Permit for MnUSA Region 8, Inc. for November 16, 2013 at
the Medina Entertainment Center
B. Approve Agreement with Visu-Sewer Clean and Seal, Inc. for the 2013-2014
Sewer Cleaning and Televising
Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion
passed unanimously.
VII. PRESENTATION
A. Minnehaha Creek Watershed District Update — Peter Rechelbacher and
Becky Houdek
Peter Rechelbacher, 1242 Hunter Drive, advised that he was appointed by the City
Council as a voluntary representative to attend the Minnehaha Creek Watershed District
meetings and report back to the Council with information. He advised that the District
will hold an upcoming event to honor those who make a significant impact on water
quality and congratulated Weir, who is a recipient of an award this year.
Weir expressed her thanks and advised that she and Rechelbacher worked together on
a local lake association, of which Rechelbacher has been a great leader.
Rechelbacher advised of a presentation that will be made to the Council on a study,
which is currently being completed regarding the updated rainfall events, and the effect
of infrastructure on stormwater management. He advised that the District is currently
seeking a grant in the amount of $2,000,000 in an attempt to control the spread of AIS
(Aquatic Invasive Species). He explained that the District would create locations where
boaters could go to have their boats properly cleaned and decontaminated. He advised
that the District is holding a tour of the upper watershed area and noted a lake partially in
Medina that will be included on the tour. He noted that he will give a presentation during
the tour on the current issues facing the lake.
Becky Houdek, Minnehaha Creek Watershed District Planner, stated that she has been
one of the main staff members coordinating with the MPCA on the TMDL study. She
provided a brief review of the scope included in the study and highlighted impaired
waters. She reviewed the role of the Watershed District throughout this process and the
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current status of the study. She noted that a draft report was distributed to stakeholders
in July for comments and advised that the report would be revised to address some of
those comments. She identified the reduction targets for the City of Medina, specific to
each lake. She noted that these are drastic reductions that are called for in order to
meet State water quality standards. She acknowledged that these are long-term goals.
Finke asked for clarification between this information and the information outlined in the
Watershed District's Plan.
Houdek explained that the District's Plan, completed in 2007, included goals for the
District and member cities. She explained that through the Plan the District took on the
burden of the reductions. She explained that the reduction in TMDLs will be assigned to
the majority of the reduction to the cities but noted that does not mean that the District
will not continue to work toward their Plan goals.
Finke referenced a water quality project that was completed and compared that cost and
the reduction provided through the project, noting that a significant portion of that project
was funded with grants.
Scherer explained that there are a lot of small projects that could be done but advised
that landowners are reluctant to sign agreements granting easements.
Houdek explained that the District likes to have those agreements in place for protection
but noted that alternate options could be discussed. She stated that the District created
a policy to determine the credits that could be shared towards the TMDL goals from
District completed projects. She also noted a BWSR grant that would be available and
noted that having a plan for the TMDL does help in receiving the grant. She stated that
the District has also sent out tables that include the information and provide a roadmap
for moving forward but noted that the District would like to hear comments and feedback
from cities, including additional projects that could be listed on the tables. She stated
that she appreciates the involvement of the City of Medina throughout this process as
the participation has been very valuable.
VIII. NEW BUSINESS
A. Enclave — Medina 5th Addition — Final Plat
Martin recused herself from the discussion.
Finke presented a request from the Enclave — Medina 5th Addition, noting that the
Council gave preliminary approval in August and advised that this is the final phase of
the Enclave development. He stated that the purpose of the Final Plat review is to
ensure consistency with the Preliminary Plat. He stated that this review also ensures
that the conditions of the Preliminary Plat have been met or are being continued to be
met. He provided additional information regarding a condition in the Preliminary Plat.
He stated that staff recommends that the condition be noted within the Resolution that
the right-of-way is as approved by City staff.
Weir noted that she had brought forward a question as to whether Mediacom could be
included in the development so that the line for the cable services could be installed in
conjunction with the development rather than bringing in the utility after the fact. She
stated that it appears that the City would need to work with Mediacom in that regard.
Medina City Council Meeting Minutes 3
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Finke stated that it has been a struggle historically for Mediacom to come through the
first stage of utilities and instead comes in after the fact and not in the most effective
manner. He advised that the new Franchise Agreement will require that the utility come
in during construction with the other utilities but noted that Agreement is not effective
until 2014.
Weir referenced a comment made by the Planning Commission regarding the height of
the building pad on some of the homes that overlook existing houses to the north.
Finke provided additional information on the elevations.
Weir noted that the City accommodated the request regarding buffers to allow decks.
She stated that she did not see a requirement for signage along the narrowed wetland
buffers and questioned if that should be included.
Finke stated that the Development Agreement references the plans, which show the
signs. He noted that there are existing signs throughout the Enclave property.
Pederson referenced the Development Agreement and asked for additional information
regarding dust control during construction.
Kellogg stated that generally a representative from WSB would be present during the
utility installations. He noted that once alerted to a problem, WSB investigated the site
immediately and helped to find a solution to the dust problem.
Pederson believed that item should be watched more closely in the future and stated
that he was unable to find the hours of operation within the Agreement. He stated that
he personally has a problem with the hours of 7:00 a.m. to 8:00 p.m. He believed a start
time of 7:30 or 8:00 a.m. through 6:30 p.m. would be more appropriate. He also
believed that the weekend hours were excessive. He believed 9:00 a.m. to 4:00 p.m.
would be more appropriate.
Finke explained that the hours are standard in all development agreements the City has.
He believed that if the Council feels that way the hours should be changed for everyone,
not just this development.
Batty noted that the City has used these hours historically with development
agreements.
Finke stated that the Council may want to discuss the change in hours with the
developer and what that impact would have to their timeline with the season change.
Pederson questioned what would be included in the Agreement to enforce violations.
Finke explained that the violation would be of the contract, as an Ordinance does not
guide this. He stated that more often if staff identifies a violation the developer is very
willing to come into compliance.
Batty stated that perhaps the Council should set specific work hours via Ordinance,
which could assist in enforcement.
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Kellogg noted an adjacent parcel, which is being developed and has the standard hours
of operation. He noted that if the hours of operation were to be amended for this request
that may not solve the problem for the neighbors as the previous development was
awarded the standard hours.
Johnson noted that the next development request could be held to the amended hours
of operation if desired.
Weir referenced the comment made regarding a raingarden in the cul-de-sac island and
questioned whether that was included.
Finke stated that the developer has reviewed plans and has chosen not to incorporate
the feature into the plans.
Weir stated that in terms of water quality the raingarden would provide benefit and could
also assist with snow storage.
Jason Biederwolf explained the proposal, which would be designed to hold a maximum
amount of snow storage, and how that area would drain.
Weir questioned why a raingarden would not be an advantage.
Jason Biederwolf stated that it would depend on the definition of raingarden, as he would
not want to impact the snow storage. He stated that infiltration medium could be used in
the basin. He also referenced the dust control and noted that they have made their best
attempt to control the issue and resolve the situation once brought forward from staff.
1. Resolution No. 2013-71 Approving the Final Plat for the Enclave —
Medina 5th Addition
Moved by Pederson, seconded by Martinson, to adopt Resolution No. 2013-71
Approving the Final Plat for the Enclave — Medina 5t Addition. Motion passed
unanimously. (Martin abstained)
2. Development Agreement by and Between the City of Medina and
U.S. Home Corporation
Moved by Pederson, seconded by Anderson, to approve the Development Agreement
By and Between the City of Medina and U.S. Home Corp., and to direct the Mayor and
the City Administrator to execute the agreement. Motion passed unanimously.
(Martin abstained)
Martin rejoined the Council.
B. Resolution No. 2013-72 to Contract with a Council Member (Hwy. 55 Rental
for Celebration Day)
Pederson recused himself from the discussion.
Johnson noted that the City has contracted with Highway 55 Rental in the past in regard
to Celebration Day. He stated that due to this relationship, passing the presented
Resolution is required to do business with Councilmember Pederson.
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Moved by Anderson, seconded by Martinson, to adopt Resolution No. 2013-72 to
Contract with the Council Member Jeff Pederson and Highway 55 Rental for Celebration
Day. Motion passed unanimously. (Pederson abstained)
Pederson rejoined the Council.
C. County Road 19 Sewer Extension
Johnson stated that Scherer is recommending that the City work with the MET Council
and various other cities to extend sewer infrastructure to the County Road 19 area.
Scherer stated that this will be a significant impact to the sewer in the northwest portion
of the City. He stated that although the information in the packet only goes back one
year, the work has been ongoing for a much longer timeframe. He stated that the City
has been attempting to have the MET Council extend the sewer. He advised that the
comments to the MET Council are due this week and noted that is where he needs
input. He stated that staff is suggesting that the service point be extended to the service
ponds in Loretto. He stated that it would be huge for the City if the MET Council were to
take over that station. He reviewed the other conditions and the benefits that would be
provided if the extension were to connect to the Loretto ponds. He asked if the Council
is in agreement with the comments being submitted.
Martin thanked Scherer for the background information as she is new to the issue. She
inquired if the recipient of the letter is aware of the sewer gas issue in the Medina
neighborhood near County Road 19 noted in the letter.
Scherer advised that there would be an opportunity to cost -share, as the City is currently
funding the sewer.
Martin advised that she would forward her proof reading comments to Johnson.
Kellogg noted that if everything were to fall into place this project would occur in 2016.
Weir confirmed that if this moves forward the other cities will be assessed as well. She
thanked Finke and Scherer for their work on this issue.
Moved by Anderson, seconded by Pederson, to instruct staff to proceed with the
submission of the comments regarding the County Road 19 sewer extension to the Met
Council. Motion passed unanimously.
D. Tower Drive Feasibility Report
Scherer referenced an open house, which took place in 2011 at which time the draft
feasibility report was reviewed with residents. He noted that the result of that meeting
was to delay that project for a few years because of the economy but noted that since
then there has been positive response in wanting to move the project ahead. He stated
that there are some participants willing to put stormwater improvements on their
properties. He stated that staff would like to keep the project moving as if the grant is
going to be approved. He explained that there is a long timeline and hoped to have the
design work complete by the end of the year. He stated that staff would like to spend
the funds on the project itself, rather than amending the feasibility study. Scherer stated
that the project is feasible and there is a lot to be done there, so staff would rather spend
the money on the project, beginning with survey work and soil borings. He stated that
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September 17, 2013
there are some loose ends on the report but noted that staff would like the report
approved in order to move forward and begin the survey and boring work.
Weir questioned if the feasibility report would be amended once the additional
information is known.
Kellogg stated that WSB was asked to update the cost based on the feasibility study and
the known work. He stated that Batty advised that this report could be adopted as a
guide and the money that would have been spent to revise the report could be used to
complete the survey work and the soil borings, noting that the design could then be
amended. He also referenced the project schedule and noted that there are a lot of
steps to occur between now and the estimated start date in May 2014. He noted that
the City would not be notified if the grant is awarded until January and advised that if this
work does not occur prior to that time the project would not occur in 2014. He advised
that if the project is delayed the preliminary survey and soil borings could still be used in
2015 with minimal amendment.
Kellogg referenced a Council meeting in November at which time the Council can
discuss whether to move forward on the plans and specifications before finding out
whether the grant is awarded. He noted that the plans and specifications can also be
placed on the shelf should the project be delayed until 2015. He stated that it is
beneficial to get as much of this work completed regardless of whether the project
moves forward in 2014 or 2015.
Martin questioned if the feasibility of the project has become any less feasible since the
draft report was created.
Scherer noted that the project has only become more feasible. He advised that a new
engineering firm has been hired since the creation of the draft report and tweaks can be
made to the design plan.
Moved by Martin, seconded by Pederson, to adopt Resolution No. 2013-73 accepting
the 2011 Tower Drive Feasibility Report prepared by Bonestro and direct staff to move
forward on the preliminary survey and soil boring/geotechnical work. Motion passed
unanimously.
IX. CITY ADMINISTRATOR REPORT
Johnson referenced the award that will be given to Weir by the Minnehaha Creek
Watershed at an upcoming event on October 17, 2013. He also noted the upcoming
Medina Celebration Day Events on September 21, 2013.
X. MAYOR & CITY COUNCIL REPORTS
Weir stated that she is honored by the award but also thanked Scherer and Finke, as
well as Rechelbacher for their assistance. She referenced the Atlas 14 stormwater
updates and encouraged Medina to think carefully about adopting the new numbers
going forward. She acknowledged that it may be more costly but could help in
preventing disaster.
Finke stated that he recently attended a presentation on Atlas 14 and was actually put at
ease a bit in regard to the actual impact on the infrastructure. He stated that the
recommendation of WSB was to adopt the new numbers and believed that most cities
Medina City Council Meeting Minutes 7
September 17, 2013
will move in that direction. Weir stated that she would also like to meet with a
representative from the MET Council in regard to the Atlas 14 information and the
required density involving a failing roadway, Highway 55.
Anderson stated that he took a tour of the Public Works Facility recently.
Martinson stated that she recently attended Board of Appeal and Equalization training.
Johnson stated that if any Councilmembers would like to tour the facility he can facilitate
this with RJM Construction.
Weir stated that it really is impressive and will last the City a long time.
Martinson stated that she attended a recent dedication ceremony involving solar
collectors for Wright Hennepin Electric.
Pederson stated that he also attended and commented that one resident stated that he
knows of a place within the City, which could be considered as a solar site, the old
dump. He also referenced the new Public Works Facility and was excited by the
progress. He advised that he also met with Hennepin County on the County Road 116
and Highway 55 intersection improvements, noting that the funding has not yet been
identified by the County.
XI. APPROVAL TO PAY THE BILLS
Moved by Anderson, seconded by Pederson, to approve the bills, EFT 002263E-
002284E for $58,802.31 and order check numbers 040185 - 040228 for $247,117.86
and payroll EFT 505181-505210 for $44,983.99. Motion passed unanimously.
XII. ADJOURN
Moved by Anderson, seconded by Martinson, to adjourn the meeting at 8:33 p.m.
Motion passed unanimously.
Attest:
Scott Johnso ►City Administrator
Medina City Council Meeting Minutes 8
September 17, 2013
ORDER CHECKS September 4, 2013 — September 17, 2013
040185 METROPOLITAN COUNCIL 28,927.80
040186 COMMERCIAL ASPHALT CO. 1,258.94
040187 US HOME CORP 30,000.00
040188 TOLL BROS, INC 9.50
040189 BLUE CROSS BLUE SHIELD OF MN 25,754.50
040190 FLAIG, SHAME 116.95
040191 GRIVNA, MOLLY 150.00
040192 CITY OF MAPLE PLAIN 2,983.26
040193 METROPOLITAN COUNCIL 28,927.80
040194 NAPA 82.78
040195 NEI GLOBAL RELOCATION 128.51
040196 CITY OF ORONO 3,252.81
040197 RAINBOW PARTY ARTS 275.00
040198 SAM'S CLUB 60.40
040199 KRISHNA VADHULA 335.00
040200 ALLSTAR ELECTRIC 638.40
040201 BOYER FORD TRUCKS INC 230.11
040202 BUDGET PRINTING 12.28
040203 DPC INDUSTRIES INC 2,143.28
040204 EGAN 313.25
040205 FERGUSON ENTERPRISES INC 75.23
040206 GARY'S DIESEL SERVICE 221.93
040207 GOPHER STATE ONE CALL 487.30
040208 GROVE NURSERY CENTER INC 530.10
040209 HAKANSON ANDERSON ASSOCIATES I 2,583.50
040210 HAMEL LUMBER INC 180.59
040211 HENN COUNTY TAXPAYER SVCS DEPT 55.50
040212 HENRYS WATERWORKS INC 328.03
040213 KERN, DEWENTER & VIERE 6,000.00
040214 LEAGUE OF MINNESOTA CITIES 4,865.00
040215 METROPOLITAN COUNCIL 17,809.54
040216 METRO ALARM CONTRACTORS INC 306.26
040217 MTU ONSITE ENERGY 900.00
040218 NORTHWEST ASSOC CONSULTANTS 1,530.95
040219 OFFICE DEPOT 55.33
040220 SKARNES INC 24,152.47
040221 SUN PRESS & NEWSPAPERS 89.93
040222 TIMESAVER OFFSITE 129.00
040223 TITAN MACHINERY 52.06
040224 TRAFFIC SOLUTIONS INC 134.37
040225 VISUALPRO 360 INC 35,468.61
040226 WACONIA FARM SUPPLY 22.42
040227 WESTSIDE WHOLESALE TIRE 789.17
040228 WSB & ASSOCIATES 24.750.00
Total Checks $247,117.86
Medina City Council Meeting Minutes 9
September 17, 2013
Electronic Payments September 4, 2013 — September 12, 2013
002263E VOID 0.00
002264E VALVOLINE FLEET SERVICES 163.47
002265E PREMIUM WATERS INC 105.24
002266E CULLIGAN-METRO 33.20
002267E CIPHER LABORATORIES INC. 6,542.83
002268E XCEL ENERGY 13,738.73
002269E WRIGHT HENN COOP ELEC ASSN 2,606.84
002270E CITY OF PLYMOUTH 635.05
002271E XEROX CORPORATION 42.40
002272E PAYMENT SERVICE NETWORK INC 217.65
002273E PITNEY BOWES POSTAGE BY PHONE 1,000.00
002274E CENTERPOINT ENERGY 184.86
002275E CIPHER LABORATORIES INC. 3,367.53
002276E MEDIACOM OF MN LLC 55.31
002277E PIVOTAL PAYMENTS INC 169.22
002278E PR PERA 12,112.76
002279E PR FED/FICA 13,274.92
002280E PR MN Deferred Comp 1,000.00
002281E PR STATE OF MINNESOTA 2,984.30
002282E SELECT ACCOUNT 532.00
002283E CITY OF MEDINA 16.00
002284E FARMERS STATE BANK OF HAMEL 20.00
Total Checks $58,802.31
PAYROLL DIRECT DEPOSIT September 11, 2013
505181 ANDERSON, JOHN G. $230.86
505182 BARNHART, ERIN A $1,628.46
505183 BELLAND, EDGAR J. $2,247.15
505184 BOECKER, KEVIN D. $2,495.61
505185 CONVERSE, KEITH A. $2,026.86
505186 DINGMANN, IVAN W. $1,997.13
505187 DOMINO, CHARMANE $1,518.86
505188 FINKE, DUSTIN D $2,055.70
505189 GALLUP, JODI M. $987.32
505190 GLEASON, JOHN M $1,677.12
505191 GREGORY, THOMAS $2,245.66
505192 HALL, DAVID M $2,382.86
505193 JESSEN, JEREMIAH S. $1,880.34
505194 JOHNSON, SCOTT T $2,090.32
505195 KLAERS, ANNE M. $945.66
505196 KORDIAK, JEFFREY $686.20
505197 LANE, LINDA $1,350.60
505198 LEUER, GREGORY J $1,956.02
505199 MARTIN, KATHLEEN M $230.86
505200 MARTINSON, MELISSA $230.86
505201 MCGILL, CHRISTOPHER R. $1,676.09
505202 NELSON, JASON $2,726.63
505203 PEDERSON,JEFF $220.62
505204 PETERSON, DEBRA A. $1,473.08
505205 PORTINEN, TERI $1,305.20
505206 REINKING, DEREK M $1,352.52
505207 SCHERER, STEVEN T $2,178.58
505208 VIEAU, CECILIA M $1,144.87
505209 VINCK, JOHN J. $1,714.88
505210 WEIR, ELIZABETH V $327.07
Total Payroll Direct Deposit $44,983.99
Medina City Council Meeting Minutes 10
September 17, 2013