HomeMy Public PortalAbout12/16/2014 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 16, 2014
The City Council of Medina, Minnesota met in regular session on December 16, 2014 at
7:05 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, City Planning Consultant Nate Sparks, Public
Works Director Steve Scherer, Public Safety Director Ed Belland, and Recording
Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE (7:05 p.m.)
III. ADDITIONS TO THE AGENDA (7:05 p.m.)
Johnson requested to add two items to the agenda. The first item was a Closed Session
to Discuss Attorney/Client Privilege Regarding Stonegate Farms, Inc. V. the City of
Medina, and another titled Consideration of Settlement Agreement.
Moved by Martin, seconded by Anderson, to approve the December 16, 2014 agenda as
amended. Motion passed unanimously.
IV. APPROVAL OF MINUTES (7:07 p.m.)
A. Approval of the December 2, 2014 Special.City Council Meeting Minutes
Moved by Anderson, seconded by Martinson, to approve the December 2, 2014 special
City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the December 2, 2014 Regular City Council Meeting Minutes
It was noted on page one, line 51, "Batty offered an explanation of what had just
transpired with council members. Following the death of Tom Crosby, Weir was
appointed mayor, vacating her council seat. Martin was appointed to fill Weir's seat until
a special election could be held. The special election was held November 4 and
Pederson was elected to fill the last two years of Weir's term. Pederson resigned from
his previous council seat and took the oath of office for the seat he won at the special
election. Upon Pederson taking the oath of office, Martin's temporary appointment
expired. Martin was then appointed to fill the one month remaining in Pederson's term.
In January, Martin will begin serving a four-year term for the seat to which she was
elected at the general election on November 4." On page one, line 39, it should state,
"...to which Peterson was just appointed to." On page two, line 46, it should state,
"...recommended approval of...." On page four, line 21, it should state, "...wed
asked..." On page five, line 38, "it should state, "Anderson questioned asked how the
numbef=ef many jobs the facility would -plan planned to hire." On page six, line four, it
should state, "...tote my approval of the development..." On page seven, line 15, it
should state, "...planned for the south northeast and would terminate in the northwest
corner of the site." On page seven, line 45, it should state, "...which whom..." On page
eight, line nine, it should state, "so that it could be reconsidered..." On page ten, lines
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December 16, 2014
11 and 25, it should state, " Donmin Denmann..." On page ten, line 32, it should state,
"...fie without..." On page 11, line seven, it should state, "...something innovative,
such as this, in order to de -that -preserve the golf course." On page 14, line 15, it should
state, "...sauced-te beyond... On page 14, line 20, it should state, "...advised noted..."
On page 14, line 21, it should state, "...that -you -de one does..."
Moved by Anderson, seconded by Pederson, to approve the December 2, 2014 regular
City Council meeting minutes as amended, pending the additional amendment from
Batty. Motion passed unanimously.
C. Approval of the December 8. 2014 Special City Council Meeting Minutes
Moved by Anderson, seconded by Martinson, to approve the December 8, 2014 special
City Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA (7:13 p.m.)
A. Approve 2015 Tobacco License Renewals
B. Appoint Erin Barnhart to Finance Director Position
C. Resolution No. 2014-89 Accepting Bob Mitchell's Resignation from the
Planning Commission
D. Resolution No. 2014-90 Accepting Donation from Tim Farrell
E. Resolution No. 2014-91 Declaring the Official Intent of the City of Medina to
Reimburse Certain Expenditures From the Proceeds of Bonds to be Issued
by the City
F. Resolution No. 2014-92 Recommending Eight Parcels be Classified as Non -
Conservation and be Sold at an Adiacent Owner Sale to The Rolling Green
Business Center Office Condominiums Association
G. Approve Letter of Support for Hennepin Countv's HISP Solicitation
Application and Project Trunk Highway 55 and County Road 116
Improvements
H. Resolution No. 2014-93 Approving a Mixed Use Stage II Plan and
Preliminary Plat for Medina Recreations. Inc. and Medina Leased Housing
Associates I Limited Partnership at 510 Clydesdale Trail
I. Resolution No. 2014-94 Approving a Comprehensive Plan Amendment
Regarding the Future Land Use of Property at Northwest Corner of Mohawk
Drive and Chippewa Road
J. Approve Addendum to Recording Secretary Service Agreement
Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:16 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Scherer reported that the Park Commission will meet the following night to discuss two
possible Boy Scout projects.
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December 16, 2014
C. Planning Commission
Planning Commissioner Reid reported that the Planning Commission met on'December
9th and first considered the Villas of Medina project, which the Council will consider
tonight. She stated that the Commission had discussed the item at the November
meeting and ultimately recommended denial because they did not feel it would qualify
for a PUD. She stated that Rachel Contracting had modified the plan following that
meeting. She stated that although the City would gain control over slightly more than
eight acres of woodland and wetland, the Commission did not feel this was a great gain
as the area contains wetlands and land that Rachel had not proposed to build on. She
highlighted some of the areas of discussion and noted that several residents of the
Shawnee Woods neighborhood commented regarding their concerns of the tree removal
of lot three and the potential runoff problems. She stated that the decision was hard for
the Commission, with only four members present, noting that ultimately there was a two
to two vote. She stated that the Commission also discussed land use designations and
plans, unanimously recommending approval of the changes to land use with a reduction
to the jump ahead period of two years. She stated that the Commission also discussed
nursing homes and senior housing projects, voting unanimously to recommend approval.
She reviewed the members of the Commission that were present at the meeting, and
which members voted in favor of the Villas of Medina project.
VII. PRESENTATIONS
A. Life Saving Awards (7:22 p.m.)
Belland asked that members of the Loretto Fire Department and Medina Police
Department in attendance come forward. He stated that tonight he and Chief Leuer
would be presenting Life Saving Awards to individuals for an event occurring on
November 10th involving Medina resident Nick Oeffling. He described the events that
took place at that time and the assistance that was provided by Ron Converse, Medina
Police Officer Keith Converse, and the members of the Loretto Fire Department. He
stated that the departments train and practice together and is proud to report that the
system works. He stated that this is an example of teamwork at its best, working to save
someone's life.
Chief Leuer presented the Live Saving Awards to Ron Converse, Keith Converse and
members of the Loretto Fire Department. He stated that the Loretto Lions donated the
Lucas Machine that was used to perform automatic CPR and the Department has
successfully used the machine to save three lives since that time. He stated that Nick
Oeffling has been a huge supporter of the Loretto Fire Department over the years.
Weir thanked everyone for their efforts on behalf of the City Council.
Leuer stated that the Fire Department will be donating $1,499 for the purchase of a new
elliptical machine for the Police fitness room.
Belland clarified that the fitness room is for all Medina City employees.
B. Prosecuting Attornev Steven Tallen with Tallen & Baertschi (7:30 p.m.)
Steven Tallen, Tallen & Baertschi, stated that he is present to request that the City
continue to use his services, noting that he has provided service to Medina for the past
29 years. He stated that he is not requesting an increase for his services as the inflation
rate for the year has been low. He stated that 2014 was a pretty quiet year, with the
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December 16, 2014
exception of the Greenman/Segway case. He stated that the billing for his services has
decreased, noting changes to DUI procedures. He stated that it has been a pleasure to
work with the Medina City Council.
Johnson explained that this item will be handled at the annual appointments because
there is not an increase proposed.
Weir confirmed that the Council would like to continue with the services of Tallen &
Baertschi.
VIII. OLD BUSINESS
A. Villas at Medina Golf and Country Club General PUD/Preliminary Plat (7:34
p.m.)
Pederson recused himself from the discussion.
Weir stated that this is very familiar territory and asked for a very brief review.
Sparks stated that Reid did an excellent job summarizing the discussion of the Planning
Commission. He stated that the item was sent back to the Planning Commission for
further review of the amended plan, with the Commission providing a vote of two to two.
He summarized the comments of the Council that had been made at the December 2nd
City Council meeting, noting that the Planning Commission would support the comments
as conditions should the Council choose to approve the request.
Weir stated that this plan meets the requirements of the City. She recognized the
drainage concerns of the residents of Shawnee Woods and stated that the City would
need to follow up to ensure that the drainage complies, should this be approved tonight.
Chuck Alcon, Rachel Contracting, stated that they are comfortable with all the conditions
of the staff report, with the exception of the language regarding block three. He
explained that would alter the staging and construction and would impact many more
homes with the delayed staging. He asked for approval of the request subject to the
comments included in the staff report, with the exception of condition 1A. He confirmed
that the lots in block three could be pushed back from the.roadway by 35 feet.
Weir stated that she had asked about the nature of the raised land across from Shawnee
Woods and learned that the berm would be a graduated slope and noted that the
drainage would be monitored and that old growth types of trees would be planted in that
area.
Eric Voltin, 630 Shawnee Woods Road, stated that he has attended all the meetings on
this matter. He stated that this proposal did not gain a passing vote at the Planning
Commission and asked that the number of units in block three be reduced by three lots.
He asked that the Council consider limiting parking to the south side of the road.
Alcon stated that originally the plan included 219 lots in the southeast corner, which was
reduced to 54 units, and ultimately the 43 lots proposed at this time.
Medina City Council Meeting Minutes
December 16, 2014
Steve Theesfeld, 600 Shawnee Woods Road, stated that there is a plan to create a
sidewalk and shift the homes 35 feet from the roadway. He asked if the old growth trees
could be left near the road and eliminate the sidewalk in that area.
Alcon advised that the trail alignment was agreed upon by the Park Commission. He
noted that the tree removal is not necessarily for the sidewalk but for drainage and utility
purposes.
Marty Campion, project engineer, advised that storm sewer, water main and sanitary
sewer are all being installed in the right-of-way, which will require the tree removal.
Kimberly Murrin, 290 Cherry Hills Trail, stated that the City does want to preserve open
space in Medina and believed that this proposal would allow the green space to remain.
She stated that this is a huge reduction in the number of homes that could have been
constructed on this area. She believed that the Country Club is important and a benefit
to the community.
Weir stated that this proposal meets the requirements of the Comprehensive Plan, the
requirements of the PUD, benefits the gold course, and also benefits the City by helping
the golf course to remain as open space.
Martin asked for information specific to the tree preservation ordinance specific to this
request.
Sparks stated that the tree preservation ordinance as applied to this site would include
the golf course property and platted residential lots to the north and west. He stated that
based on the removal calculations proposed the developer comes in under the 15
percent allowed removal for the site.
Martin stated that although she has some reservations she does believe that the
application falls within the PUD requirements and the tree preservation ordinance.
Moved by Martin, seconded by Anderson, to direct staff to prepare findings for approval
subject to the conditions noted in the staff report, modified as follows: delete condition
1A, modifying condition 1 C to reflect the change to a 35 foot front setback with the
exception of lots one and eight, modifying condition five to state that buffer landscape on
the outlots be populated with a significant amount of old growth trees similar to what is
found in that area, and adding condition 15 to state that at the developer's expense the
north side of Shawnee Woods Road would be signed for no parking and parking would
only be allowed on the south side of the road. Motion passed unanimously.
Pederson rejoined the Council.
IX. NEW BUSINESS
A. Soinev Right-of-Wav Vacation — Public Hearing (7:56 p.m.)
Finke presented a request from the property owner at 2942 Ardmore for the vacation of
a portion of the existing Palm Street right-of-way adjacent to their property. He stated
that there are no street or utility improvements in the right-of-way. He stated that this
right-of-way provides access to City owned property adjacent to Lake Ardmore and
therefore would not support a full vacation of the right-of-way. He provided an aerial
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December 16, 2014
photograph identifying the area proposed for vacation. He stated that the applicant has
requested the vacation for the purpose of construction of a porch on the rear of their
property. He stated that another option would be to request a variance, but was unsure
that a hardship would have been justified. He stated that staff is recommending that
alternative easements be provided which could better meet public purposes. He
provided an amendment to the language for the vacated right-of-way provided by
Kellogg, should the Council approve the portion proposed for vacation.
Anderson questioned if the applicant is proposing to construct the porch on the area
currently identified as a deck and would the porch be within that footprint.
Finke stated that staff believed that with the proposed replacement easements, it would
be in the best interest of the public to vacate the portion requested.
Weir opened the public hearing at 8:04 p.m.
Bob Mitchell, 1745 North Willow, stated that he has no objection to the vacation but
noted that other homeowners may wish to vacate a portion of their right-of-way
easements as well.
Finke identified the adjacent property owners, noting that there would be two property
owners. He noted that staff would not be surprised if similar requests were made but
stated that staff would review those cases individually should they come forward.
Martinson questioned if the properties are accessed by Ardmore or Palm.
Finke stated that Palm is unimproved and reported that the homes have access off of
Ardmore.
Robin Reid, 2945 Ardmore, stated that she is an adjacent property owner and has no
objection to the request. She noted that she and her spouse own another lot in the
described area and will not be submitting a similar request for either of their properties.
Weir closed the public hearing at 8:06 p.m.
1. Resolution No. 2014-95 Vacating a Portion of the Palm Street Right -
of -Way Adiacent to 2942 Ardmore Avenue
Moved by Martinson, seconded by Anderson, to approve Resolution No. 2014-95
Vacating a Portion of the Palm Street Right -of -Way Adjacent to 2942 Ardmore Avenue,
amending the legal description recommended by the City Engineer. Motion passed
unanimously.
B. Ordinance No. 572 Amending Fee Schedule (8:07 p.m.)
Johnson presented the updated fee schedule for 2015, highlighting a few small changes
that had been suggested from the previous year.
1. Resolution No. 2014-96 Authorizing Publication of Ordinance by Title
and Summary
Moved by Martin, seconded by Anderson, to adopt Resolution No. 2014-96 Authorizing
Publication of Ordinance No. 572 by Title and Summary. Motion passed unanimously.
Medina City Council Meeting Minutes 6
December 16, 2014
Moved by Anderson, seconded by Martin, to adopt Ordinance No. 572 Amending the
Fee Schedule. Motion passed unanimously.
X. CLOSED SESSION
Moved by Anderson, seconded by Martin, to adjourn the meeting to closed session at
8:10 p.m. to discuss attorney client privileged matters regarding Stonegate Farms, Inc. v.
City of Medina. Motion passed unanimously.
The meeting reconvened to open session at 9:07 p.m.
A. Consideration of Settlement Agreement (9:07 p.m.)
Moved by Anderson, seconded by Martinson, to approve a contingent settlement
agreement by and between Stonegate Farm Inc., a Minnesota Corporation, and Property
Resources Development Corporation, Inc., a Minnesota Corporation, and the City of
Medina, a Minnesota municipal corporation as drafted on December 15, 2014. Motion
passed unanimously.
XI. CITY ADMINISTRATOR REPORT (9:09 p.m.)
Johnson requested help from the City Council to recruit Planning Commission and Parks
Commission applicants. Johnson also requested input from the City Council on the date
and time of the 2015 Goals meeting. The City Council recommended January 20, 2014
at 4:00 p.m.
XII. MAYOR & CITY COUNCIL REPORTS.(9:11 p.m.)
Mayor Weir provided an update on the Elm Creek Watershed TMDL and the Clean
Water Legacy Grant request for the Tower Drive project. She also provided an update
on the Northwest League of Cities meeting and a meeting with Brian O'Shea from the
Coalition Against Bigger Trucks.
XIII. APPROVAL TO PAY THE BILLS (9:13 p.m.)
Moved by Anderson, seconded by Pederson, to approve the bills, EFT 002907E-
002926E for $50,971.06, order check numbers 042200-042262 for $263,300.58, and
payroll EFT 506069-506099 for $49,156.14. Motion passed unanimously.
IV. ADJOURN
Moved by Martinson, seconded by Anderson, to adjourn the meeting at 9:15 p.m.
Motion passed unanimously.
•
Elith Weir, Mayor
Attest:
Scott Johnson, C Administrator
rator
Medina City Council Meeting Minutes 7
December 16, 2014
This Page Intentionally Left Blank
Medina City Council Meeting Minutes 8
December 16, 2014
ORDER CHECKS December 12014 - December 16. 2014
042200 ABBAD, SYED $250.00
042201 ACTION PLUS REALTY $500.00
042202 ERICA ASHFELD $150.00
042203 BIKA,AJAY $500.00
042204 BRIGGS AND MORGAN $10,309.50
042205 US HOME CORP $218.16
042206 MATTAMY MPLS PRTNSHP $10,000.00
042207 RENGASAMY, NARASIMMAN $250.00
042208 SLAMA, JULIE $500.00
042209 ALLSTAR ELECTRIC $225.78
042210 BLUE CROSS BLUE SHIELD OF MN $28,881.50
042211 CARGILL INC. $6,688.97
042212 CIRCLE V SPECIALTIES, INC $290.00
042213 COUNTRYSIDE CAFE $412.75
042214 DEVOWE CREATIVE WORKS $420.00
042215 DILLMAN, JAMES $500.00
042216 DITTER INC $39.46
042217 DOBOS $40.50
042218 DS HUNZ SERVICES INC $350.20
042219 ECM PUBLISHERS INC $256.36
042220 FERGUSON ENTERPRISES INC $56.96
042221 GOPHER STATE ONE CALL $149.45
042222 GRAFIX SHOPPE $282.12
042223 GRAINGER $674.35
042224 HACH COMPANY $162.45
042225 HAKANSON ANDERSON ASSOCIATES I $2,429.70
042226 HAMEL LUMBER INC $393.46
042227 HD SUPPLY WATERWORKS LTD $8,306.20
042228 HENN COUNTY CORRECTIONS $468.00
042229 HENN COUNTY ELECTIONS $562.50
042230 HENN COUNTY SHERIFF $150.00
042231 HENN COUNTY TAXPAYER SVCS DEPT $810.11
042232 INTERSTATE ALL BATTERY $177.60
042233 KD & COMPANY RECYCLING INC $466.54
042234 KERN, DEWENTER & VIERE $6,200.00
042235 KENNEDY & GRAVEN CHARTERED $25,560.33
042236 LEAGUE OF MINNESOTA CITIES $315.00
042237 LeasNam RISK DATA MGMT INC $33.50
042238 LITTLE FALLS MACHINE INC $126.92
042239 LUTHER BROOKDALE CHEVROLET $619.64
042240 MANSFIELD OIL COMPANY $10,333.40
042241 MATHESON TRI-GAS INC $88.00
042242 METROPOLITAN COUNCIL $19,681.20
042243 METRO WEST INSPECTION $17,417.99
042244 MINUTEMAN PRESS $1,776.54
042245 NAPA OF CORCORAN INC $1,135.29
042246 NORDGREN AUTOMATIVE INC $1,070.11
042247 NORTH AMERICAN TITLE $1,656.62
042248 NORTHWEST ASSOC CONSULTANTS $3,049.15
042249 OFFICE DEPOT $311.91
042250 CITY OF ORONO $3,600.00
042251 PERFORMANCE PETROLEUM $464.75
042252 PERRY'S TRUCK REPAIR $1,102.00
042253 RANDY'S SANITATION INC $41.55
042254 STREICHER'S $269.99
042255 SUPPLY SOLUTIONS LLC $154.69
042256 TALLEN & BAERTSCHI $4,489.43
042257 TIMESAVER OFFSITE $131.00
042258 TITAN MACHINERY $74.45
042259 TROPHIES BY LINDA INC $105.00
042260 UNIFORMS UNLIMITED $1,036.55
042261 WESTSIDE WHOLESALE TIRE $78.70
042262 WSB & ASSOCIATES $86.504.25
Total Checks $263,300.58
Medina City Council Meeting Minutes 9
December 16, 2014
Electronic Payments November 27.2014 — December 11.2014
002907E SELECT ACCOUNT $1,428.51
002908E PR PERA $13,987.39
002909E PR FED/FICA $15,277.49
002910E PR MN Deferred Comp $1,000.00
002911E PR STATE OF MINNESOTA $3,401.51
002912E SELECT ACCOUNT $540.00
002913E CITY OF MEDINA $18.00
002914E FARMERS STATE BANK OF HAMEL $20.00
002915E CIPHER LABORATORIES INC. $4,753.00
002916E DELTA DENTAL $2,230.44
002917E HARTFORD LIFE $404.85
002918E PREMIUM WATERS INC $12.54
002919E PREMIUM WATERS INC $69.75
002920E VALVOLINE FLEET SERVICES $90.34
002921E IMONMOBIL FLEET - WEX BANK $3,350.71
002922E VERIZON WIRELESS $1,010.85
002923E MEDIACOM OF MN LLC $219.90
002924E PAYMENT SERVICE NETWORK INC $272.40
002925E AFLAC $386.56
002926E ELAN FINANCIAL SERVICE $2,496.82
Total Electronic Checks $50,971.06
PAYROLL DIRECT DEPOSIT December 3.2014
506069 ALTENDORF, JENNIFER L. $1,338.09
506070 ANDERSON, JOHN G. $230.87
506071 BARNHART, ERIN A $1,709.64
506072 BELLAND, EDGAR J. $2,346.39
506073 BOECKER, KEVIN D $3,313.93
506074 CONVERSE, KEITH A. $2,043.72
506075 DINGMANN, IVAN W. $1,965.48
506076 DOMINO, CHARMANE $1,676.24
506077 FINKE, DUSTIN D $2,169.33
506078 GALLUP, JODI M. $1,563.43
506079 GLEASON, JOHN M $1,976.72
506080 GREGORY, THOMAS $2,097.97
506081 HALL, DAVID M $1,950.82
506082 HUNZ, MATTHEW E $528.67
506083 JESSEN, JEREMIAH S. $2,785.08
506084 JOHNSON, SCOTTT $2,164.73
506085 KLAERS, ANNE M. $601.97
506086 LANE, LINDA $1,414.31
506087 LEUER, GREGORY J $2,281.40
506088 MARTIN, KATHLEEN M $230.87
506089 MARTINSON, MELISSA $230.87
506090 MCGILL, CHRISTOPHER R. $1,828.92
506091 NELSON, JASON $2,842.01
506092 PEDERSON, JEFF $221.28
506093 PETERSON, DEBRA A. $1,536.56
506094 REINKING, DEREK M $1,529.72
506095 SCHERER, STEVEN T $2,264.42
506096 VIEAU, CECILIA M $1,174.78
506097 VINCK, JOHN J. $2,301.94
506098 WEIR, ELIZABETH V $327.07
506099 WENANDE, BRANDON S. $508.91
Total Payroll Direct Deposit $49,156.14
Medina City Council Meeting Minutes 10
December 16, 2014