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HomeMy Public PortalAbout10/02/2012 CCMMEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 2, 2012 The City Council of Medina, Minnesota met in regular session on October 2, 2012 at 7:00 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Pederson, Martinson, Siitari, and Weir. Members absent: None. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planner Dusty Finke, Public Works Superintendent Steve Scherer, City Administrator Scott Johnson, Chief of Police Ed Belland, Shelly Eldridge with Ehlers and Associates, and Recording Secretary Amanda Staple. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Crosby advised that the Council had just met in closed session to discuss a possible settlement in regard to the issues between the City and Woodridge Church. The agenda was accepted as presented. IV. APPROVAL OF MINUTES A. Approval of the September 18, 2012 Special City Council Meeting Minutes It was noted under the LMCC Update, following the fourth sentence, a new paragraph should begin that starts, "Commissioner Mallet discussion LMCC's ability to highlight community activities through programming. She will put..." Moved by Weir, seconded by Pederson, to approve the September 18, 2012 special City Council meeting minutes as amended. Motion passed unanimously. B. Approval of the September 18, 2012 Regular City Council Meeting Minutes It was noted on page two, line 16, it should state, "...within residential areas, but only in commercial areas..." On page three, line 50, it should state, "...tasto design..." On page four, line 34, it should state, "...solar I:iolds panels..." On page five, line 30, it should state, "...three step process to protect the city, which includes the Covenant, Development Agreement, and this step." On page six, lines 3 and 5, it should state, "... longstanding standing Resolution..." Moved by Weir, seconded by Pederson, to approve the September 18, 2012 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Approve Final Pay Request for North Hunter Drive Improvements Medina City Council Meeting Minutes 1 October 2, 2012 B. Approve Trail Sealcoating Services Agreement with Gopher State Sealcoat, Inc. C. Resolution No. 2012-61 Recognizing Volunteers and Contributors to Medina Celebration Day D. Resolution No. 2012-62 Accepting Donations for Medina Celebration Day E. Resolution No. 2012-63 Accepting Resignation of Intern Nicholas Zurbey C e lu n ALA 2012-6A C i nng D nn f U to Charg T ties,�t�e��vei�tTf�,=.�,-�e1+n�eg�t+N �-�.a,�es-tom tqe G. Resolution No. 2012-65 Certifying Delinquent City Charges for Services to the Hennepin County Auditor for Collection in 2p0�1 3 H esollutionn No. 0�12-66' Adop�gscecsment-Roll for Hun er Drii-rrie Nert Road Improvement Preiewt Moved by Weir, seconded by Siitari, to approve the consent agenda. Motion passed unanimously. F. Resolution No. 2012-64 Certifying Delinquent Utility Charges to the Hennepin County Auditor for Collection in 2013 Johnson advised that this item refers to delinquent utility charges and reported that he had an updated document, which shows residents that have paid through October 2, 2012 and asked that the Council approve the amended list. Moved by Weir, seconded by Pederson, to approve Resolution No. 2012-64 Certifying Delinquent Utility Charges to the Hennepin County Auditor for Collection in 2013. Motion passed unanimously. H. Resolution No. 2012-66 Adopting Assessment Roll for Hunter Drive North Road Improvement Project Johnson explained the amendments to the document in regard to outlots included and asked that the Council adopt the amended assessment. Crosby clarified information regarding the assessment and the portion that would be paid by future developers. Moved by Weir, seconded by Pederson, to approve Resolution No. 2012-66 Adopting Assessment Roll for Hunter Drive North Road Improvement Project as amended. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda Johnson noted that Todd Mikkelson, a Minnesota House of Representatives candidate, contacted Martinson and expressed a desire to speak during this portion of the meeting. He advised that the candidate was not able to make it to the meeting and might attend the next Council meeting. B. Park Commission Park Commissioner Thies provided an update on the September meeting of the Park Commission and noted that the Commission welcomed a new member and is back up to seven members. She advised that the Commission heard a presentation from Three Medina City Council Meeting Minutes 2 October 2, 2012 Rivers Park District regarding shared efforts to develop regional trails through Medina. She provided a summary of the other items discussed, including proposed park plans. C. Planning Commission Finke advised that the Planning Commission would meet the following week and provided a brief summary of the agenda, advising that public hearing items had been noticed. VII. NEW BUSINESS A. Vacation of Navajo Road East Right -of -Way and Vacation of Cartway Easement in Brockton Lane Right -of -Way — Public Hearing Johnson provided background information regarding existing right-of-way that is no longer needed. Crosby stated that it did not appear the City is giving up much in this deal because of the road dedication. Finke explained that a portion of the right-of-way along Navajo Road East will no longer be needed as the road will connect and this section will lead to a backyard. He advised that a public hearing is needed in order for the Council to vacate the right-of-ways, and advised that staff recommends approval of the two requested actions. He also stated that the Council could direct staff to prepare documents to extinguish the obligations of the Petition and Waiver related to the construction of Navajo Road East. Crosby opened the public hearing at 7:24 p.m. Moved by Weir, seconded by Siitari, to close the public hearing at 7:24 p.m. Motion passed unanimously. 1. Resolution No. 2012-67 Vacating that Segment of the Navajo Road E. Right -of -Way within the Enclave at Medina Plat. Moved by Weir, seconded by Martinson, to adopt Resolution No. 2012-67 Vacating that Segment of the Navajo Road E. Right -of -Way within the Enclave at Medina Plat. Motion passed unanimously. 2. Resolution No. 2012-68 Vacating Cartway Easements in the Northeast Quarter of the Northeast Quarter of Section 13 Moved by Weir, seconded by Martinson, to adopt Resolution No. 2012-68 Vacating Cartway Easements in the Northeast Quarter of the Northeast Quarter of Section 13. Motion passed unanimously. Weir confirmed Council consensus and directed staff to prepare documents to extinguish the obligations of the Petition and Waiver related to the construction of Navajo Road East. VIII. OLD BUSINESS A. Resolutions for the sale of $6,100,000 General Obligation Capital Improvement Plan Bonds, Recharacterization of $1,400,000 in Water Medina City Council Meeting Minutes 3 October 2, 2012 Bonds, Refunding of Existing Bonds (2005A and 2005C) and for the crossover refunding escrow agreement relating to the 2005A General Obligation Water Revenue Bonds Johnson advised that eight bids were received for the General Obligation Capital Improvement Plan Bonds and noted that ten bids were received for the Refunding Bonds. He noted that the City was able to obtain even lower interest rates than expected. Shelly Eldridge, Ehlers and Associates, confirmed the high number of bidders and noted that is linked to the high bond rating of the City. She explained why so many bidders were interested in the refunding bonds noting the Refunding Bonds as a short-term, high quality, low risk opportunity for lenders. She provided additional clarification on the process of the Refunding Bonds. 1. Resolution No. 2012-69 Awarding the Sale of General Obligation Capital Improvement Plan Bonds, Series 2012A, in the Original Aggregate Principal Amount of $6,100,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment Moved by Martinson, seconded by Weir, to adopt Resolution No. 2012-69 awarding the sale of General Obligation Capital Improvement Plan Bonds, Series 2012A, in the original aggregate principal amount of $6,100,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment. Motion passed unanimously. 2. Resolution No. 2012-70 Authorizing the Recharacterization of Unspent Proceeds of the City's General Obligation Water Revenue Bonds, Series 2007A Moved by Martinson, seconded by Weir, to adopt Resolution No. 2012-70 authorizing the Recharacterization of unspent proceeds of the city's General Obligation Water Revenue Bonds, Series 2007A. Motion passed unanimously. 3. Resolution No. 2012-71 Awarding the Sale of General Obligation Refunding Bonds, Series 2012B, In the Original Aggregated Principal Amount of $2,930,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment; Providing for the Escrowing and Investment of a Portion of the Proceeds Thereof; and Providing for the Redemption of Bonds Refunded Thereby Moved by Martinson, seconded by Weir, to adopt the Resolution awarding the sale of General Obligation Refunding Bonds, Series 2012B, in the original aggregate principal amount of $2,930,000; fixing their form and specifications; directing their execution and delivery; providing for their payment; providing for the escrowing and investment of a portion of the proceeds thereof; and providing for the redemption of bonds refunded thereby. Motion passed unanimously. Eldridge advised that a premium bid was received, and explained that process. She noted that the amount needed in Resolution would be $85,000 less than the originally thought amount. Medina City Council Meeting Minutes 4 October 2, 2012 Batty advised that the Resolution was approved and noted that the maker of the motion would need to rescind that motion and then make another motion with the new amount. Moved by Martinson, seconded by Weir, to rescind the Resolution awarding the sale of General Obligation Refunding Bonds, Series 2012B, in the original aggregate principal amount of $2, 930, 000; fixing their form and specifications; directing their execution and delivery; providing for their payment; providing for the escrowing and investment of a portion of the proceeds thereof; and providing for the redemption of bonds refunded thereby. Motion passed unanimously. Moved by Martinson, seconded by Weir, to adopt Resolution No. 2012-71 awarding the sale of General Obligation Refunding Bonds, Series 2012B, in the original aggregate principal amount of $2, 845, 000; fixing their form and specifications; directing their execution and delivery; providing for their payment; providing for the escrowing and investment of a portion of the proceeds thereof, and providing for the redemption of bonds refunded thereby. Motion passed unanimously. 4. Crossover Refunding Escrow Agreement relating to $4,760,000 General Obligation Water Revenue Bonds, Series 2005A Moved by Martinson, seconded by Siitari, to approve a Crossover Refunding Escrow Agreement relating to $4, 760, 000 General Obligation Water Revenue Bonds, Series 2005A. Motion passed unanimously. B. The Enclave at Brockton and the Enclave at Brockton 2nd Addition Finke presented a summary of the request noting that the Council adopted Resolution 2012-36 on July 27, 2012 and advised that the applicant is now requesting final plat approval. He advised that other actions would be needed along with the plat approval including review of the Wetland Replacement Plan, the Development Agreement, and an Ordinance establishing a storm sewer improvement taxing district. He explained that the purpose of the final plat is to ensure that the plat is consistent with the approved preliminary plat and that all conditions of the approval have been met. He noted that the preliminary plat conditions were summarized in the staff report for the Council to review. He noted that staff recommends approval of the final plat and reviewed the specific items that the Council would need to take action on for approval. Crosby questioned the responsibility for damage to Brockton Lane. Scherer reported that he had videotaped the existing condition of Brockton Lane recently and advised that if excessive wear is determined, the developer would be responsible. Crosby suggested that stronger language be used to ensure that Brockton Lane would not need to be rebuilt in one year. Batty advised that these are the final agreements being reviewed tonight and noted that any changes would need to be made now. Crosby stated that Brockton Lane is not included in the paragraph and noted that he would simply request that both roads be identified in the paragraph, Brockton and Hunter. Medina City Council Meeting Minutes 5 October 2, 2012 Weir confirmed that there would be significant hauling for the 2nd addition of this project and questioned the routes that will be used. She expressed concern over the possible damage to roads. Finke clarified that the Council would like to add "Brockton" to the agreements. Batty clarified that the Development Agreement would specify haul routes, like other Development Agreements, and would list Brockton and Hunter on the repair list. He explained that if those roadways were to be damaged, the developer would need to repair the roadway. He clarified that there is not language stating that Brockton would be rebuilt in the way that Hunter Drive was after the original Enclave development was built. Finke noted that in the first phase of development he has been told that there will be little fill. He advised that much more fill will come into play in the next phases. Joe Jablonski, spoke in representation of Lennar, referencing Brockton and advised that a portion of that roadway lies in Plymouth while another portion is in Medina. He stated that at this time Lennar will be the only developer with a project using that roadway but was concerned that future development on the Plymouth side of that roadway could cause damage to the roadway. Crosby agreed that the developer should not be liable to damage from development in the city of Plymouth and suggested language that could be used. He questioned if there is any development activity on the Plymouth side. Finke noted that while there was an application, that action had stalled. Jablonski expressed concern that Lennar could be liable for damage done to the roadway that is caused by another agent. Crosby advised that the language already exists stating that repair is only needed if the damage is caused by the developer or their subcontractor. He acknowledged the concern from Lennar but believed this to be a good deal compared to the rebuild of Hunter that was required with the last Lennar development. Jablonski explained that the northbound portion of Brockton lies within Plymouth and did not feel that Medina should be able to specify repairs to a road in Plymouth. Scherer advised that when the City rebuilt that road, it was the residents of Medina that paid for that upgrade and advised that Plymouth contributed work equal to the grading of a dirt road for that project, as well as maintenance of Brockton south of Medina Road. Finke reviewed the order of action items. Crosby questioned the cost of the wetland credits that will be purchased. Jablonski noted that Lennar has wetland credits through the Wild Meadows project and will be using those. Medina City Council Meeting Minutes 6 October 2, 2012 Crosby asked for clarification regarding the park dedication issues. Finke explained the park dedication formula that will be used, noting that $75,000 would be collected for the 23 lots in the first phase. He advised that over all the phases a total amount in the $300,000s will have been collected. Crosby questioned the timeline for the project. Jablonski stated that based on the level of activity and the interest in the area, he estimated build out by 2017. He stated that they would continue to evaluate the townhouse market to determine when that phase would be built. Johnson noted that Lennar is pushing a multigenerational home design and questioned if there has been interest in Medina for that product. Jablonski confirmed that there has been interest in that product. He explained that the product allows for multigenerational living within the home, noting that a separate living space with private facilities including an entrance, kitchen, and bathroom, would be attached to the home. Crosby stated that he has no objection to multigenerational living, but noted that he would have an objection if that were to be used for renting. Jablonski advised that could be regulated through the Home Owners Association (HOA) Agreement. Batty explained the specifics of what could be restricted and what could not. Crosby believed that staff should research the issue further. Finke confirmed that staff could review the issue again but noted that the Council had recently discussed that item and actually decided not to regulate rental of accessory structures. 1. Wetland Replacement Plan for The Enclave at Brockton Moved by Weir, seconded by Pederson, to approve the Wetland Replacement Plan for The Enclave at Brockton with the conditions noted in the Notice of Decision. Motion passed unanimously. 2. Resolution No. 2012-72 Granting Final Plat Approval for The Enclave at Brockton Moved by Weir, seconded by Pederson, to adopt Resolution No. 2012-72 Granting Final Plat Approval for The Enclave at Brockton. Motion passed unanimously. 3. Resolution No. 2012-73 Granting Final Plat Approval for The Enclave at Brockton 2nd Addition Moved by Weir, seconded by Pederson, to adopt Resolution No. 2012-73 Granting Final Plat Approval for The Enclave at Brockton 2nd Addition. Motion passed unanimously. Medina City Council Meeting Minutes 7 October 2, 2012 4. Development Agreement by and between the City of Medina and U.S. Home Corporation Moved by Weir, seconded by Siitari, to approve the Development Agreement by and between the City of Medina and U.S. Home Corporation, with the added language recommended for site grading haul routes and the inclusion of Brockton Lane. Motion passed unanimously. 5. Ordinance No. 536 Establishing The Enclave at Brockton Storm Sewer Improvement Tax District Moved by Weir, seconded by Siitari, to adopt Ordinance No. 536 Establishing The Enclave at Brockton Storm Sewer Improvement Tax District. Motion passed unanimously. A. Resolution No. 2012-74 Authorizing Publication of Ordinance No. 536 by Title and Summary Moved by Weir, seconded by Siitari, to adopt Resolution No. 2012-74 Authorizing Publication of Ordinance No. 536 by Title and Summary. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT Johnson advised that the Toll Brothers Open house for the proposed Woods of Medina single family project will be held October 4th at the Hamel Community building from 5:00 to 6:30 p.m. He reported that the Council business tours will occur on October 23, 2012. Crosby asked that the Medina Ballroom be added to the business tour as well. He noted that he would also like to tour Target. Johnson advised that he would contact those businesses to determine the possibility. X. MAYOR & CITY COUNCIL REPORTS No comments made. XI. APPROVAL TO PAY THE BILLS Moved by Weir, seconded by Pederson, to approve the bills, EFT 001797E-001813E for $38,324.30, and order check numbers 038818-038861 for $293,186.63, and payroll EFT 504495-504524 for $43,183.62 and payroll check number 020372 for $2,207.85. Motion passed unanimously. XII. ADJOURN Moved by Weir, seconded by Siitari, to adjourn the meeting at 8:30 p.m. Motion passed unanimously. Attest: Scott Johnson, C Y Administrator 'mil T.M. Crosby, Jr., Mayor Medina City Council Meeting Minutes October 2, 2012 8 ORDER CHECKS September 14, 2012 - October 2, 2012 038818 COMMERCIAL ASPHALT CO $3,655.31 038819 GORDON JAMES CONSTRUCTION $4,796.30 038820 MATTAMY MPLS PRTNSHP $75.00 038821 SNOW N LAWN $4,592.00 038822 YOCUM OIL CO. INC $14,918.83 038823 CENTURYLINK $947.52 038824 RIZNER, DONNA $500.00 038825 SPRINT $843.89 038826 ACTION FLEET inc $210.69 038827 ALLSTAR ELECTRIC $1,472.00 038828 BOYER FORD TRUCKS INC $41.07 038829 BUDGET PRINTING $30.98 038830 CARLSON BUILDING SERVICES $494.92 038831 DPC INDUSTRIES INC $1,808.56 038832 ENGEL WATER TESTING INC $180.00 038833 ESS BROS. & SONS, INC $168.86 038834 GEISLINGER AND SONS INC $233,335.59 038835 GILLUND ENTERPRISES $293.11 038836 HACH COMPANY $806.29 038837 HENN COUNTY SHERIFF $169.48 038838 INTERSTATE BATTERY SYSTEM $474.41 038839 LAW ENFORCEMENT LABOR $360.00 038840 LAWSON PRODUCTS, INC $52.34 038841 LEAGUE OF MN CITIES INS.TRUST $1,250.00 038842 LEXISNEXIS RISK DATA MGMT $41.50 038843 LUTHER BROOKDALE CHRYSLER $39.25 038844 MARCO (LEASE) $510.50 038845 MARCO INC $332.18 038846 METRO WEST INSPECTION $6,257.74 038847 MINUTEMAN PRESS $2,071.73 038848 MN DEPT OF NAT RES - OMB $1,000.00 038849 MN SEX CRIMES $20.00 038850 NELSON ELECTRIC MOTOR $315.05 038851 RANDY MAYER LTD $160.31 038852 ROLF ERICKSON ENTERPRISES $6,368.14 038853 RUSSELL SECURITY RESOURCE $152.50 038854 SCHARBER & SONS, INC. $6.98 038855 SCHMIDT CURB COMPANY INC $3,820.00 038856 SELECT ACCOUNT $83.00 038857 STRETCHER'S $24.99 038858 SUBURBAN TIRE WHOLESALE $133.51 038859 SUN PRESS & NEWSPAPERS $100.85 038860 TIMESAVER OFFSITE $251.25 038861 WESTSIDE WHOLESALE TIRE $20.00 Total Checks $293,186.63 Electronic Payments September 14, 2012 - October 2, 2012 001797E MINNESOTA, STATE OF $2,271.00 001798E PITNEY BOWES $123.00 001799E EXXONMOBIL $201.13 001800E ELAN FINANCIAL SERVICE $475.11 001801E PREMIUM WATERS INC $90.00 001802E PR PERA $11,408.38 001803E PR FED/FICA $11,835.12 001804E PR MN Deferred Comp $1,000.00 001805E PR STATE OF MINNESOTA $2,770.87 001806E SELECT ACCOUNT $542.08 001807E CITY OF MEDINA $18.00 001808E FARMERS STATE BANK OF $20.00 001809E VALVOLINE FLEET SERVICES $63.00 001810E ASSURANT EMPLOYEE BENEFITS $538.16 001811E HARTFORD LIFE $451.95 001812E DELTA DENTAL $2,212.42 001813E SELECT ACCOUNT $4,304.08 Total Checks $38,324.30 Medina City Council Meeting Minutes 9 October 2, 2012 PAYROLL DIRECT DEPOSIT September 14, 2012 — October 2, 2012 504495 BARNHART, ERIN A $1,720.44 504496 BOECKER, KEVIN D $2,309.31 504497 CONVERSE, KEITH A. $1,788.54 504498 CROSBY, THOMAS M. JR. $334.15 504499 DINGMANN, IVAN W. $1,779.24 504500 DOMINO, CHARMANE $1,531.70 504501 FINKE, DUSTIN D $2,023.97 504502 GALLUP, JODI M. $1,420.17 504503 GLEASON, JOHN M $2,191.34 504504 GREGORY, THOMAS $1,859.99 504505 HALL, DAVID M $1,794.91 504506 JESSEN, JEREMIAH S. $2,145.02 504507 JOHNSON, SCOTTT $2,199.50 504508 KLAERS, ANNE M. $597.29 504509 KORDIAK, JEFFREY $675.07 504510 LANE, LINDA $1,323.28 504511 LEUER, GREGORY J $1,977.34 504512 MARTINSON, MELISSA $235.87 504513 MCGILL, CHRISTOPHER R. $2,000.43 504514 NELSON, JASON $2,129.38 504515 PEDERSON,JEFF $225.00 504516 PETERSON-DUFRESNE, DEBRA A. $1,551.59 504517 PORTINEN, TERI $1,293.27 504518 REINKING, DEREK M $1,379.65 504519 SCHERER, STEVEN T $2,335.81 504520 SIITARI, MIKE $185.00 504521 VIEAU, CECILIA M $1,204.31 504522 VINCK, JOHN J. $1,958.32 504523 WEIR, ELIZABETH V $235.87 504524 ZURBEY, NICHOLAS R $777.86 Total Payroll Direct Deposit $43,183.62 PAYROLL CHECK September 14, 2012 — October 2, 2012 020372 BELLAND, EDGAR J. $2,207.85 Total Payroll Checks $2,207.85 Medina City Council Meeting Minutes 10 October 2, 2012