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
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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
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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
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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
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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.
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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.
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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.
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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