HomeMy Public PortalAbout10/16/2012 CCMMEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 16, 2012
The City Council of Medina, Minnesota met in regular session on October 16, 2012 at
7:00 p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Pederson, Siitari, and Weir.
Members absent: Martinson.
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, and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the October 2, 2012 Special City Council Meeting Minutes
Moved by Weir, seconded by Pederson, to approve the October 2, 2012 special City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the October 2, 2012 Regular City Council Meeting Minutes
It was noted on page six, line 32, it should state, "...action development activity on the
Plymouth side..." On page six, line 49, it should state, "...equal to the grading of the dirt
road for that project, as well as maintenance of Brockton south of Medina Road."
Moved by Weir, seconded by Siitari, to approve the October 2, 2012 regular City Council
meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Second Amendment to Development Agreement by and Between
the City of Medina and David Kearin and Marjorie G. Kearin and Allante
Estates, LLC
B. Resolution No. 2012-75 Accepting Bid for the Loretto Creek Water Quality
Improvement Project
Moved by Weir, seconded by Pederson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
Medina City Council Meeting Minutes 1
October 16, 2012
B. Park Commission
Scherer reported that the Park Commission would meet the following night to discuss
new Medina Parks and to review a request for snowmobiles to travel through Legion
Park.
C. Planning Commission
Planning Commissioner Victoria Reid reported that the Planning Commission met the
previous week to hold two public hearings. The public hearings included the Toll
Brothers Concept Plan review and summarized the resident comments that were
expressed at the hearing. She also provided insight as a member of a PUD community
and expressed her desire for additional park or open space area. She advised that the
public hearing on the Moser Variance had been tabled until October 24th, as one of the
Commissioners recused herself from the issue, resulting in a lack of quorum. She
reviewed the other two public hearing items that had been reviewed at the meeting
regarding Ordinance amendments regarding variances and public buildings within the
industrial zoning district. She expressed her thoughts regarding public buildings in the
industrial park zoning district and the large amount of traffic that will pass by that area.
VII. NEW BUSINESS
A. Toll Brothers — Woods of Medina — Concept Plan Review — 525 Hackamore
Road
Pederson recused himself from the discussion because his property abuts the southern
border of the proposed development site.
Finke provided background information on the proposed development, which will be
approximately 80 gross acres, or 65 net acres. He explained that the property is zoned
low density residential and is proposed to meet 2.1 units per acre. He stated that
because the development meets the general requirements the application could have
simply moved to administrative review by the Council but noted that one item was of
note and that is the need for park dedication in the area. He reviewed the comments
received at the public hearing the previous week and identified the proposed site on an
aerial map.
Weir verified the location of a private easement along the northern border of the lot.
Finke reported that access is proposed from both CR 116 and Hackamore Road and
advised that staff would like to see a traffic study completed. He noted that there is 4.7
acres of park proposed in the northeast portion of the property, although a large portion
of that is wetland, while 2.35 acres is proposed to be preserved in the southeast portion.
He advised that ghost platting was completed for neighboring parcels to show potential
connections to surrounding properties in the future as those parcels develop. He
advised that a privately maintained pool and tot lot are also proposed within the
development. He identified the proposed trail that would wander through the
development, which would match the desire of the trail plans of the City. He advised
that wetland impacts would be subject to the Wetland Conservation Act (WCA). He
noted that if the Preliminary Plat matched the Concept Plan, there would be a lot of tree
replacements and landscaping requirements. He stated that the Park Commission
recommended that the City does not accept land for park dedication as private parks are
already located in the area but would like a trail connection to Hackamore. He
Medina City Council Meeting Minutes 2
October 16, 2012
summarized the staff comments that were included in the Council packet and welcomed
input from the Council.
Crosby stated that he and a few Councilmembers attended the open house. He noted
that the properties to the south of this parcel have some water issues in the spring which
are believed to be attributed to Wild Meadows and questioned if the raised elevation
would cause additional drainage issues in the future to those properties.
Kellogg noted that those issues would be identified through the storm water and grading
plans for the property.
Weir confirmed that there are existing issues in the spring for the properties to the
south, which were increased by the Wild Meadows development.
Crosby acknowledged that the issue would not be solved tonight. He confirmed that the
ponds identified in the development will be newly manmade ponds that will discharge to
the wetland to the north.
Finke explained the process that would be followed by the developer to meet the
drainage requirements.
Alex Martin, Division Vice President for Toll Brothers, stated that the Concept Plan
culminates about 18 months of work and review of the property including wetland
delineation, boundary, and topography. He provided insight on the Toll Brother
business, which caters to first, second and third time buyers including those wishing to
downsize. He stated that the homes will be 3,000 to 4,000 square feet, which will be
priced from the mid $600,000 and higher. He advised that he has attended meetings
with the Park and Planning Commissions, as well as neighborhood meetings, which
allowed neighbors to provide input. He confirmed that Toll Brothers provides
development and building. Toll Brothers prefers to build to suit the buyers.
Matt Dunwald, MFRA, reported that the tree inventory was completed the previous
week. He advised of other activities he has completed including surveys and
discussions with neighboring property owners. He was confident that he would be able
to address the drainage issues, although he was not certain of the issue that caused the
problem.
Martin noted that there was drain tile installed near the Wild Meadows development,
which they need to understand before finding a solution.
Dunwald stated that it would not be a problem to move water away from the problem
area but noted that the focus would be to find a solution which balances the water level
in that area without removing too much.
Crosby commented that as the proposed subdivision moves forward there should be
certainty on finding a solution for the drainage problem in the southern portion of the
property.
Weir questioned if Toll Brothers had approached a property owner regarding the
possible acquisition of her property, which would create a better shape for the
development.
Medina City Council Meeting Minutes 3
October 16, 2012
Martin explained that they did speak to Ms. Larson but she did not seem interested in
selling, although she did mention drainage problems. He advised that they propose to
develop from the west to the east, estimating that area would not be developed for
possibly another six years.
Weir mentioned a lack of variety in housing types, such as townhomes.
Martin stated that Toll Brothers did a large amount of research based on the market and
noted that there is not a strong appetite for townhomes. He compared sales numbers
for single family and townhomes within another development Toll Brothers has in Eagan.
He explained that along with economic concerns and site constraints, he did not believe
that townhomes would be a good fit.
Weir questioned the possibility of including slightly smaller homes with a lower price
point.
Martin explained that would only bring higher density and would not assist in the
preservation of trees. He advised that a full grading plan had not been developed but
confirmed that walkouts would most likely be utilized, highlighting the variations that
could occur. He stated that Toll Brothers would like to preserve, or replace, as many
trees as possible.
Weir commented that it may be more beneficial to have a centrally located private park
or open space area to accommodate residents within the development.
Martin noted that while it is great to have amenities centrally located, it is also nice to
spread amenities around the development so that everyone is close to something.
Crosby confirmed two neighboring parcels, which are vacant, noting that woodland had
been cleared previously for future development.
Martin noted that they would meet with staff again later this week to review all the
comments and further discuss the plans.
Crosby asked for input on the traffic for the area.
Martin provided input on the traffic pattern along Hackamore that he gathered, noting
that most of the traffic on CR 116 appears to be coming from further north of Medina.
He acknowledged that traffic will be impacted and identified the area that will be mostly
impacted. He confirmed that Toll Brothers would be conducting a traffic study to
determine the impact.
Crosby referred to the trees along the southern boundary and questioned if those trees
would be saved.
Martin was unsure of the exact plans but hoped to save as many trees as possible.
Finke identified trees of higher quality, which are located on the property.
Medina City Council Meeting Minutes 4
October 16, 2012
Siitari stated that he defers to the decision by the Park Commission regarding not
obtaining park land but commented that he would like to see a private park within the
development. He acknowledged that while the City would like to see townhomes, that is
most likely not feasible in this market.
Steven Thiespeld identified the property that he owns and expressed his concern over
the development of the property as he was told that this property would remain rural in
nature. He also expressed concern with the experiences caused from the Wild
Meadows development and the water issues, which arose after that project. He also
expressed concern with children wandering from the Wild Meadows trails onto his
property. He explained that he bought into the concept of privacy and large lots and
asked that the Council preserve the nature of his neighborhood. He did not feel that
townhomes would be a good fit and believed that the Toll Brothers Concept Plan better
matches the consistency of his neighborhood. He identified other areas of the City that
would better fit townhome development. He advised that there is a real traffic problem
along CR 116 and asked that the Council also consider the authorization that has been
given to build 100s of homes in that area. He suggested that a very strong study of the
traffic, not only coming from the north, but also the traffic that will come out of the newly
approved development plans. He explained that the passing of the tree preservation
Ordinance would negatively impact the possible development of his land and that of his
neighbors. He also explained that he and his neighbors have invested a large amount
of money in ensuring working septic systems and he would not like to see sewer
brought to the neighborhood.
Eric Voltin, 630 Shawnee Woods Road, expressed concern with the existing drainage
issues that could be worsened by the project. He also expressed input on his desire to
maintain the tree line. He noted that most of the tree line to the south is comprised of
Maple. He expressed concern with the possibility of large trees falling into the homes
along the southern boundary of the development with the proposed lot lines. He
questioned if there would a consistency in fencing materials, as several homes will abut
his property.
Joe Cavanaugh identified his property to the north of the proposed development and
stated that he agrees with the ghost platted roadway connections that would connect to
his property.
Jeff Pederson, 710 Shawnee Woods Road, stated that his property is probably the
closest to the development and agreed with the comments made by his neighbors. He
explained that he is currently surveying his land and completing a wetland analysis to
determine where the road connection could go. He stated that he has been a longtime
resident and believes that the Toll Brothers development will fit well within the
neighborhood.
Crosby stated that he does not agree with the comments made by Weir in regard to
townhomes as he does not believe that product would blend well with the plan. He
noted that surrounding neighbors have also commented that they would like to keep the
density as low as possible. He summarized the points brought forward tonight including
possible impacts to traffic, the issue of a private park, removing the trail to the east, the
existing drainage issues to the south, tree preservation (specifically along the southern
boundary), and more inventive roadways.
Medina City Council Meeting Minutes 5
October 16, 2012
Weir agreed that the trail to the east could be removed but noted that the trail along the
roadway would be beneficial, as well as a sidewalk.
Martin confirmed that if a trail is not utilized, they would build a sidewalk on at least one
side of the roadway.
Weir suggested a possible trail easement to the east, which could connect to the
possible future development of the golf course property.
Crosby submitted a letter from the Kroll family that expressed concern over the possible
trail to the east.
Weir noted that she would like to see some kind of price point difference in the
development and noted the properties along CR 116 would be a possible location for
those homes. She mentioned the drainage problems and agreed with the thoughts of
Commissioner Reid in regard to having a centrally located park or open space area.
She noted that minimum density must be met and expressed her desire to preserve as
many trees as possible.
Finke stated that this would conclude the Concept Plan review and staff would continue
to meet with Toll Brothers to develop a Preliminary Plat process, which would be
initiated by Toll Brothers.
Martin estimated that they would hope to submit the Preliminary Plat before January 1,
2013, with Commission and Council meetings to occur in the spring, and ground
breaking in the summer. He believed that Eden Prairie Woods is the most comparative
development that Toll Brothers has in the Metro area. He advised that a model home
would be available in early November and welcomed the Council and residents to visit
the home.
B. Ordinance No. 537 Amending Section 825 of the Code of Ordinances
Regarding Variances
Johnson explained that this is a housekeeping item that brings the Ordinances in line
with the new State statute.
Finke stated that the State language has been almost "copied" into the proposed
Ordinance language to ensure compliance with the changes. He noted that the
Planning Commission discussed the procedures at their last meeting.
Crosby stated that it appears the new standard is more permissive than the court case
hardship.
Batty confirmed that it was difficult to grant variances under the old language and
believed that the new State language is more permissive.
Moved by Weir, seconded by Pederson, to adopt Ordinance No. 537 amending Section
825 of the Code of Ordinances regarding variances. Motion passed unanimously.
1. Resolution No. 2012-76 Authorizing Publication of Ordinance by
Title and Summary
Medina City Council Meeting Minutes 6
October 16, 2012
Moved by Weir, seconded by Siitari, to adopt Resolution No. 2012-76 authorizing
publication of Ordinance by title and summary. Motion passed unanimously.
C. Ordinance No. 538 Amending Section 833 of the Code of Ordinances
Regarding Public Buildings in the Industrial Park Zoning District
Finke explained that this request is derived from the development of the Clam Corp
building and the outside storage of salt. He advised that the hoop building discussed by
the Council does not fit with the materials allowed in the industrial zoning district that the
public works facility would be moving. He noted that one option would be to grant a
variance for the City but did not believe that would be the best option. He advised that
the other option would be to amend the Ordinance language, which would
accommodate that use for public buildings within that zoning district.
Crosby commented that the only time the building would be seen is from Clydesdale as
the landscaping would screen the area. He suggested that staff investigate color
choices to better match the surroundings.
Weir asked for additional information regarding the proposed height and location.
Scherer commented that he believes the proposed location would be the best spot.
Weir expressed concern over possible salt melting and running into the drainage
system.
Scherer advised of the existing drainage pattern for the site and noted that staff could
investigate options. He believed there to be a large amount of screening for the area
near Clydesdale and with the maintenance building for the golf course.
Moved by Weir, seconded by Siitari, to adopt Ordinance No. 538 amending Section 833
of the Code of Ordinances regarding public buildings in the industrial park zoning
district. Motion passed unanimously.
1. Resolution No. 2012-77 Authorizing Publication of Ordinance by
Title and Summary
Moved by Weir, seconded by Pederson, to adopt Resolution No. 2012-77 authorizing
publication of Ordinance by title and summary. Motion passed unanimously.
D. Second Amendment to Purchase Agreement with Clydesdale Trail, LLC
and Office/Warehouse Lease with Clam Corporation
Crosby confirmed that this amendment would set the closing date and leaseback of the
building.
Moved by Weir, seconded by Pederson, to approve a Lease Agreement with Clam
Corporation that expires on April 20, 2013. Motion passed unanimously.
Moved by Weir, seconded by Siitari, to approve the Purchase Agreement second
amendment for 600 Clydesdale Trail. Motion passed unanimously. •
Medina City Council Meeting Minutes 7
October 16, 2012
VIII. CITY ADMINISTRATOR REPORT
Johnson noted that the business tours would be held October 23rd and would include
Rolling Green Business Park, Medina Target, and the Medina Entertainment Center.
Crosby confirmed that the business tours had been noticed as a regular meeting to
ensure that all Councilmembers could attend.
IX. MAYOR & CITY COUNCIL REPORTS
Weir stated that she spoke with staff regarding information learned while door knocking
in the Highland Hills neighborhood. She recommended that staff investigate what would
be proposed for the neighboring development in Plymouth to ensure that adequate
screening would be provided to those residents.
Johnson noted that he reached out to Plymouth Community Development Director Steve
Juetten to ensure that Medina staff is updated on the possible development.
Crosby noted that there have been a couple of theft incidents in the Highland Hills
neighborhood and concerns regarding additional lighting and patrols had been
expressed from those residents.
X. APPROVAL TO PAY THE BILLS
Moved by Pederson, seconded by Weir, to approve the bills, EFT 001814E-001833E for
$44,476.83, and order check numbers 038862-038927 for $253,523.56, and payroll EFT
504525-504555 for $45,224.24. Motion passed unanimously.
Xl. CLOSED SESSION: ON -GOING LITIGATION & CITY ADMINISTRATOR
PERFORMANCE REVIEW
The meeting adjourned to closed session at 8:53 p.m. to discuss on -going litigation.
Moved by Weir, seconded by Pederson, to close the closed session, Motion passed
unanimously.
The meeting reconvened to regular session at 9:27 p.m.
The meeting adjourned to closed session at 9:29 p.m. to discuss the performance
review of the City Administrator. Moved by Weir, seconded by Pederson, to close the
closed session, Motion passed unanimously.
XII. ADJOURN
Moved by Siitari, seconded by Pederson, to adjourn the meeting at 9:48 p.m. Motion
passed unanimously.
Attest:
Scott Johnson, (311y Administrator
T.M. Crosby, Jr., Mayor
Medina City Council Meeting Minutes
October 16, 2012
8
ORDER CHECKS October 4, 2012 - October 16, 2012
038596 RYAN COMPANIES VOID & REISSUE ($40,855.76)
038862 DAVID CALOF $1,082.18
038863 COMMERCIAL ASPHALT CO $2,411.93
038864 HIGHWAY 55 RENTAL $998.01
038865 LECY CONSTRUCTION INC $23,000.00
038866 LORAM $1,845.50
038867 MATTAMY MPLS PRTNSHP $2,000.00
038868 RES SPECIALTY PYROTECHNICS $3,600.00
038869 ROE, ROBYN $150.00
038870 BECKY WALLER $432.67
038871 WHCEA $0.00
038872 XCEL ENERGY $0.00
038873 HAMEL AMERICAN LEGION $500.00
038874 US HOME CORP $10,000.00
038875 LORAM $1,845.50
038876 NAPA $64.87
038877 ORONO CLASS OF 72 $200.00
038878 CITY OF ORONO $2,992.40
038879 RYAN COMPANIES $40,855.76
038880 TOLL BROS, INC $250.00
038881 BATTERIES PLUS $41.67
038882 BLUE CROSS BLUE SHIELD OF $23,777.00
038883 CMI, INC. $62.55
038884 GO 2 HAMEL LLC $291.00
038885 GOPHER STATE ONE CALL $427.95
038886 GRAINGER $281.06
038887 HAKANSON ANDERSON $18,240.12
038888 HAMEL LUMBER & SUPPLY INC $455.33
038889 HAMEL FIRE RELIEF ASSN $30,177.23
038890 HAMEL LIONS CLUB $350.00
038891 HD SUPPLY WATERWORKS LTD $5,343.75
038892 HENN COUNTY INFO TECH $794.64
038893 HENN COUNTY TAXPAYER SVCS $51.50
038894 HIGHWAY 55 RENTAL $998.01
038895 KD & COMPANY RECYCLING INC $58.35
038896 KERN, DEWENTER & VIERE $4,600.00
038897 KENNEDY & GRAVEN CHARTERED $20,997.80
038898 LANO EQUIPMENT INC $210.45
038899 LEXISNEXIS RISK DATA MGMT $33.50
038900 CITY OF LONG LAKE $6,173.00
038901 LORETTO TOWING $115.16
038902 LUTHER BROOKDALE CHRYSLER $1,049.81
038903 MATHESON TRI-GAS INC $94.37
038904 METROPOLITAN COUNCIL $9,365.40
038905 METROPOLITAN COUNCIL $18,939.41
038906 MINUTEMAN PRESS $370.85
038907 MN BUREAU OF CRIMINAL $270.00
038908 MN POLICE BRIEFS $130.00
038909 MORRIS ELECTRONICS INC $21.00
038910 OFFICE DEPOT $58.35
038911 OFFICE OF ENTERPRISE $10.00
038912 ON SITE SANITATION $293.90
038913 PITNEY BOWES $219.00
038914 S & S TREE SPECIALISTS $150.00
038915 STANTEC INC $15,457.22
038916 STRETCHER'S $565.84
038917 SUBURBAN TIRE WHOLESALE $1,068.07
038918 SUN PRESS & NEWSPAPERS $57.70
038919 TALLEN & BAERTSCHI $7,041.94
038920 TIMESAVER OFFSITE $157.50
038921 TRUGREEN LAWNCARE $2,592.41
038922 UPTOWN HAMEL INC $65.00
038923 VIKING INDUSTRIAL CENTER $55.66
038924 WESTSIDE WHOLESALE TIRE $46.00
038925 WSB & ASSOCIATES $29,934.50
038926 ZEP $406.50
038927 ORONO CLASS OF 72 $250.00
Total Checks $253,523.56
Medina City Council Meeting Minutes 9
October 16, 2012
Electronic Payments October 4, 2012 — October 16, 2012
001814E CIPHER LABORATORIES INC. $2,513.22
001815E PITNEY BOWES POSTAGE BY $1,000.00
001816E XEROX CORPORATION $58.22
001817E CULLIGAN-METRO $33.02
001818E FRONTIER $53.17
001819E XCEL ENERGY $9,654.45
001820E WHCEA $2,558.97
001821E FARMERS STATE BANK OF $35.00
001822E PR PERA $11,631.02
001823E PR FED/FICA $11,872.49
001824E PR MN Deferred Comp $1,000.00
001825E PR STATE OF MINNESOTA $2,812.78
001826E SELECT ACCOUNT $542.08
001827E CITY OF MEDINA $18.00
001828E PITNEY BOWES $15.00
001829E PIVOTAL PAYMENTS INC $120.40
001830E CENTERPOINT ENERGY $106.55
001831E MEDIACOM OF MN LLC $55.31
001832E PAYMENT SERVICE NETWORK INC $195.15
001833E PREMIUM WATERS INC $202.00
Total Checks $44,476.83
PAYROLL DIRECT DEPOSIT October 10, 2012
504525 BARNHART, ERIN A $1,596.14
504526 BELLAND, EDGAR J. $2,251.74
504527 BOECKER, KEVIN D $2,202.03
504528 CONVERSE, KEITH A. $1,917.19
504529 CROSBY, THOMAS M. JR. $334.15
504530 DINGMANN, IVAN W. $2,148.96
504531 DOMINO, CHARMANE $1,531.69
504532 FINKE, DUSTIN D $2,023.97
504533 GALLUP, JODI M. $1,420.18
504534 GLEASON, JOHN M $1,649.62
504535 GREGORY, THOMAS $1,927.73
504536 HALL, DAVID M $2,012.22
504537 JESSEN,JEREMIAH S. $2,231.40
504538 JOHNSON, SCOTT T $2,199.50
504539 KLAERS, ANNE M. $597.29
504540 KORDIAK, JEFFREY $675.07
504541 LANE, LINDA $1,311.51
504542 LEUER, GREGORY J $1,696.63
504543 MARTINSON, MELISSA $235.87
504544 MCGILL, CHRISTOPHER R. $1,647.19
504545 NELSON, JASON $2,643.48
504546 PEDERSON,JEFF $225.00
504547 PETERSON-DUFRESNE, DEBRA A. $1,551.59
504548 PORTINEN, TERI $1,293.27
504549 REINKING, DEREK M $1,469.17
504550 SCHERER, STEVEN T $2,131.46
504551 SIITARI, MIKE $185.00
504552 VIEAU, CECILIA M $1,152.65
504553 VINCK, JOHN J. $2,078.43
504554 WEIR, ELIZABETH V $235.87
504555 ZURBEY, NICHOLAS R $648.24
Total Payroll Direct Deposit $45,224.24
Medina City Council Meeting Minutes 10
October 16, 2012