HomeMy Public PortalAbout02/05/2013 CCMMEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 5, 2013
The City Council of Medina, Minnesota met in regular session on February 5, 2013 at
7:00 p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Martinson, Anderson, and Weir.
Members absent: Pederson.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planner Dusty
Finke, Public Works Superintendent Steve Scherer, City Administrator Scott Johnson,
Police Sergeant Jason Nelson, 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 January 15, 2013 2:00 pm Special City Council Meeting
Minutes
On page two, it should state, "...request staff ee-leagef use its best efforts not to bond
for equipment."
Moved by Weir, seconded by Martinson, to approve the January 15, 2013 2:00 p.m.
Special City Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the January 15, 2013 6:00 pm Special City Council Meeting
Minutes
Moved by Weir, seconded by Martinson, to approve the January 15, 2013 6:00 p.m.
Special City Council meeting minutes as presented. Motion passed unanimously.
C. Approval of the January 15, 2013 Regular City Council Meeting Minutes
Moved by Weir, seconded by Martinson, to approve the January 15, 2013 Regular City
Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Raffle Permit to Cornerstone Women's Center at 500 Highway 55
on March 9, 2013
B. Approve Raffle Permit to Water for People at 500 Highway 55 on April 19,
2013
C. Approve Raffle Permit to St. Bartholomew Catholic Church at 400
Evergreen Road on April 20, 2013
D. Approve Raffle Permit to Tribute to the Troops at 500 Highway 55 on
September 8, 2013
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G. Approve 2013 Work Plan Goals
H. Approve Budget for Annual Recognition Event
I. Call for Meeting on Tuesday, March 26, 2013 at 7:30 a.m. at the Hamel
Community Building to Conduct the 2013 Medina Business Forum and
Business Tours
J. Resolution No. 2013-05 Approving Conditional Use Permit and Site Plan
Review for the City of Medina to Operate a Public Building at 600
Clydesdale Trail
Moved by Weir, seconded by Martinson, to approve the consent agenda as amended.
Motion passed unanimously.
E. Approve Settlement Agreement with Woodridge Church
Crosby referenced a map of the property and noted that some of the property shown as
improved is undesignated and wanted to ensure that the entire improved property is
included in the maximum square footage.
Attorney George Hoff suggested that the Council approve the agreement with the
understanding that he would send a letter to the plaintiffs counsel specifying that the
entire agreement covers the 85,000 square feet and the undesignated building area.
He confirmed that he would draft the letter and bring it to Crosby in the morning prior to
sending the letter to the plaintiffs counsel.
Moved by Weir, seconded by Martinson, to approve the Settlement Agreement with
Woodridge Church, with the addition of a side letter that would clarify exhibit C. Motion
passed unanimously.
Crosby provided insight as to why the City decided to settle. He explained that the law
regarding religious institutions has not yet been tested and the City did not want to be
the test case, following the outcome of a similar case in Wayzata. He also believed that
both sides benefit from the agreement, as it is clear as to what can be done in the
future. He stated that given the cost and uncertainty, the City felt that a settlement
would be the best decision for everyone involved.
F. Approve Grounds Services Agreement with Hamel Athletic Club
Johnson stated that he met with Weir earlier to discuss this agreement and noted that
Weir suggested language was needed to clarify the temporary signage allowed at the
fields. Staff provided proposed language for Council review regarding temporary
signage.
Anderson referenced sections seven and nine regarding contractor insurance and
whether specific minimums should be required.
Johnson explained that insurance is required and the City reviews the coverage.
Batty noted that the City requires $1,500,000 in insurance coverage to cover up to the
statutory state liability.
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February 5, 2013
Moved by Weir, seconded by Martinson, to approve the Grounds Services Agreement
with Hamel Athletic Club as amended. Motion passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Thies advised that the Park Commission met in January to hold an
annual goal setting session, noting that completion of the Master Parks and Trails Plan
was once again at the top of the list. She advised that the Commission welcomed back
one Commissioner, Janet White, and a new member as well. She stated that the
Commission also reviewed the concept plan for a park as well.
C. Planning Commission
Finke advised that the Planning Commission will meet the following week to hold a
public hearing regarding the Tamarack Ridge subdivision.
VII. NEW BUSINESS
A. Daniel and Jill Johnson — Request for a Comprehensive Plan Amendment
from Rural Residential to Agriculture and a Rezoning from Rural
Residential to Agricultural Preserve for the three properties located at 2505
Willow Drive
Crosby stated that part of his property, a 40-acre tract, has been in Agricultural Preserve
for about 13 years. He stated that if that fact made anyone uncomfortable, he would
recuse himself from the discussion.
Finke presented a request from Daniel and Jill Johnson for a Comprehensive Plan
amendment to reguide the three properties from Rural Residential to Agriculture and to
rezone the properties from Rural Residential to Agricultural Preserve. He provided
additional information regarding the different land uses, Agricultural and Rural
Residential, and explained the differences. He provided additional information regarding
the Metropolitan Agricultural Preserve Program and reviewed the implications of the
program.
Crosby referenced the first point under the implications, noting that if an owner requests
to move the property into Agricultural Preserve, there is a minimum of eight years.
Finke stated that the Planning Commission reviewed this request and recommends
approval of the request subject to the two conditions listed in the staff report.
Weir questioned the road condition and asked for additional information regarding the
ability to assess.
Batty explained that any property under Agricultural Preserve is not applicable for
special assessment for any project that may be assessed, such as road projects.
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February 5, 2013
Scherer confirmed that this would be different from Green Acres, where the assessment
would be deferred until the property comes out of the program, and there would simply
be no assessing the property.
Crosby stated that if road improvement occurs, the City could approach the property
owner and explain the assessment that would be due and ask if the property owner
would be willing to contribute their share. He stated that he would not be offended if the
City were to approach him in a similar manner regarding his property in Agricultural
Preserve.
Martinson questioned the amount of agricultural activity occurring on the property at this
time.
Daniel Johnson, 2505 Willow Drive, noted that hay is grown on a large portion of the
property and fruit trees are going to be planted as well.
Crosby referenced the last few properties added to agricultural preserve involved
flowers, vegetables and fruits, and not traditional field crops.
Daniel Johnson noted that in order to qualify for organic status, pesticides have to be
removed for seven years before that qualification can be obtained. He stated that they
are not yet selling their products grown, but will be looking towards that avenue in the
future.
Finke noted that if the Council approves this change tonight, it would be contingent upon
the approval from the MET Council and would possibly take effect in 2014.
Crosby noted that the applicant had been a previous member of the Council for four
years, and exited two years ago.
Moved by Weir, seconded by Anderson, to direct staff to prepare a Resolution to
approve the applicant's request for a Comprehensive Plan Amendment and an
Ordinance Rezoning of the properties located at 2505 Willow Drive. Motion passed
unanimously.
B. Well Head Protection Plan Part II
Scherer presented the draft Well Head Protection Plan Part II, noting the objective of
this portion of the Plan was to use all the data collected in Part I to determine how to
eliminate contaminates. He explained that this plan is the equivalent of what the
SWPPP plan is to stormwater. He identified existing well locations, and possible
locations, as well as potential contaminate sources. He advised that goals have been
set for the next ten years that are attainable and noted that educational opportunities
were also included. He stated that this must be complete prior to August and noted that
this review was informational. He advised that staff will send the document to the
surrounding government agencies for comment the following day and noted that he can
incorporate any additional comments by April 5`h
Crosby stated that it seems quite complete and noted a number of educational
opportunities included.
Medina City Council Meeting Minutes 4
February 5, 2013
VIII. CITY ADMINISTRATOR REPORT
A. Tour of Randy's Environmental Services Recycling Facility
Johnson noted that there was interest from the Council in touring the Randy's
Environmental Services Recycling Facility at the November Worksession and
questioned if that is the desire.
The Council confirmed the desire to tour the facility in April.
Johnson advised of an upcoming NEMO training that he will attend on February 12th
He advised of another NEMO training session, a joint meeting between the Council,
Planning Commission, and Park Commission to be held on March 26th at 6:00 p.m.
Weir questioned if the Council would be welcome to the idea of opening the training to
other bodies of local government as well.
Crosby stated that he would not like to invite outside bodies in, as it may dilute the
benefit that could be obtained from the smaller group.
Anderson stated that he did not feel educated enough in that area to make that
decision.
Martinson agreed that she was not well enough educated in that area to know whether a
larger group would impact the discussion.
Crosby suggested that Weir and Johnson attend the planning meeting on February 12th
and gauge from there whether it would be appropriate to invite additional bodies, other
than simply the Council, Park Commission, and Planning Commission.
IX. MAYOR & CITY COUNCIL REPORTS
Crosby referenced the Mediacom discussions and a letter received from the Lake
Minnetonka Communications Commission (LMCC) asking the City to designate the
LMCC as the only negotiator in the negotiations with Mediacom. He asked that the item
be put on the agenda for the next Council meeting in order to publicly react to the
request from LMCC. He advised of other communications that he has received and
responded.
Crosby noted that he received a list of the State Aid funds that are received by the City
and how those funds can be used, whether for street maintenance or street
improvement projects.
Kellogg provided additional information regarding the use of State Aid funds on the
roadways and upcoming changes to the program.
Crosby noted that he received the Hollydale Report via email today and found it
interesting that the proposed project and project alternatives were listed, but no
proposed project alternative was identified for Medina. He also commented on the
material and width of poles that will be used for the project.
Medina City Council Meeting Minutes 5
February 5, 2013
He referenced a letter sent to Hennepin County by the Minnehaha Creek Watershed
District in response to the proposal from County Commissioner Jeff Johnson, which
echoes the comments made by Weir.
He stated that he will continue to work with Johnson in an attempt to bring lower cost
housing to the City.
He stated that on February 14th, the West Metro Drug Force will hold its annual meeting
at 11:00 a.m. He advised that he will be out of town and noted that any interested
Councilmember should attend.
He referenced records retention for the City. Crosby suggested that Johnson research
that item and provide options.
Johnson confirmed that goal is identified for the fourth quarter.
X. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Martinson, to approve the bills, EFT 001956E-001976E for
$1, 914,131.48 and order check numbers 039300-039381 for $413, 857.76, and payroll
EFT 504721-504770 for $88, 753.51. Motion passed unanimously.
XI. CLOSED SESSION: PENDING LITIGATION
The meeting adjourned to closed session at 8:09 p.m. to discuss pending litigation.
The meeting reconvened to open session at 8:59 p.m.
XII. ADJOURN
Moved by Weir, seconded by Anderson, to adjourn the meeting at 9:00 p. m. Motion
passed unanimously.
T.M. Crosby, Jr., Mayor
Attest:
Scott Johnson, CitAdministrator
Medina City Council Meeting Minutes
February 5, 2013
6
ORDER CHECKS January 11, 2013 - February 5 , 2013
039300 AKKINA, BALA $480.00
039301 CENTERPOINT ENERGY $1,162.67
039302 BANK OF MAPLE PLAIN $34,192.50
039303 CARLSON BUILDING SERVICES $494.92
039304 LAWSON PRODUCTS, INC $243.35
039305 US HOME CORP $10,000.00
039306 MARCO (LEASE) $510.50
039307 MN DEPT OF LABOR/INDUSTRY $7,230.08
039308 MN DNR ECO-WATERS $2,395.00
039309 NELSON AUTO CENTER $23,520.91
039310 NELSON AUTO CENTER $26,145.82
039311 PARK, BRIAN $250.00
039312 REINER, JUDITH $250.00
039313 SHERRY ROBECK $250.00
039314 RYAN COMPANIES $40,845.84
039315 SAM'S CLUB $32.72
039316 SHULTZ, CARRIE $150.00
039317 TARGET CORPORATION $65,884.87
039318 TIMESAVER OFFSITE $160.95
039319 ANCHOR BANK $91.13
039320 CENTURYLINK $1,019.70
039321 KAREN FRALEY $40.74
039322 US HOME CORP $10,000.00
039323 ALEXANDRA LIN $294.23
039324 LOS ANGELES CO SHERIFF $29.00
039325 ZAHRA SAJJAD $335.00
039326 SCHUNEMAN, YVONNE $250.00
039327 SPRINT $842.33
039328 BURSCHVILLE CONSTRUCTION $7,433.34
039329 HAKANSON ANDERSON $13,144.47
039330 HD SUPPLY WATERWORKS LTD $660.06
039331 KENNEDY & GRAVEN CHARTERED $20,855.79
039332 CITY OF MAPLE PLAIN $271.99
039333 MARCO INC $494.03
039334 METRO WEST INSPECTION $4,334.07
039335 MAS MODERN MARKETING INC $128.90
039336 MORRIS ELECTRONICS INC $70.00
039337 NEW LOOK CONTRACTING INC $68,640.35
039338 NORTHWEST ASSOC $4,594.05
039339 CITY OF ORONO $411.20
039340 PIONEER -SARAN CREEK $1,000.00
039341 WATER CONSERVATION $530.70
039342 WSB & ASSOCIATES $9,431.01
039343 ACTION FLEET inc $40.00
039344 ADAM'S PEST CONTROL INC $112.15
039345 RJ AHMANN COMPANY $2,100.00
039346 ALDEN POOL & MUNICIPAL $179.60
039347 AMERICAN SUPPLY GROUP INC $402.73
039348 ANCHOR PAPER COMPANY $465.44
039349 ASPEN MILLS INC $315.68
039350 BUDGET PRINTING $30.16
039351 EGAN $1,592.25
039352 EHLERS & ASSOC INC. $265.00
039353 GARY'S DIESEL SERVICE $27.78
039354 GOPHER STATE ONE CALL $100.00
039355 GRAINGER $144.99
039356 HD SUPPLY WATERWORKS LTD $10,247.42
039357 HIGHWAY 55 RENTAL $75.88
039358 ICS HEALY RUFF $125.50
039359 INTERSTATE BATTERY SYSTEM $320.35
039360 INTL ASSOC OF CHIEFS OF $120.00
039361 LANO EQUIPMENT INC $3,740.63
039362 LAW ENFORCEMENT TECH $3,655.13
039363 LEAGUE OF MINNESOTA CITIES $20.00
039364 LORETTO TOWING $115.16
039365 LORETTO VOLUNTEER $19,830.29
039366 MIDWEST CHILDREN'S $7.00
039367 MINUTEMAN PRESS $1,867.48
Medina City Council Meeting Minutes 7
February 5, 2013
039368 MN CITY/CO MANAGEMENT $175.00
039369 MORRIS ELECTRONICS INC $42.00
039370 MUNICIPAL CLERKS & FINANCE $10.00
039371 NORTH MEMORIAL $250.00
039372 OFFICE DEPOT $192.01
039373 ON SITE SANITATION $58.78
039374 CITY OF ORONO $35.14
039375 PEGS COUNTRYSIDE CATERING $81.76
039376 PUBLIC AGENCY TRAINING $295.00
039377 RANDY MAYER LTD $160.31
039378 ROLF ERICKSON ENTERPRISES $6,501.14
039379 STRETCHER'S $540.99
039380 TOLL GAS & WELDING SUPPLY $123.51
039381 VESSCO, INC. $389.28
Total Checks $413,857.76
Electronic Payments January 11, 2013 —January 31, 2013
001956E PR PERA $11,822.71
001957E PR FED/FICA $12,624.99
001958E PR MN Deferred Comp $1,000.00
001959E PR STATE OF MINNESOTA $2,862.75
001960E SELECT ACCOUNT $532.00
001961E CITY OF MEDINA $17.00
001962E FARMERS STATE BANK OF $20.00
001963E EXXONMOBIL $29.86
001964E MINNESOTA, STATE OF $1,104.00
001965E HARTFORD LIFE $444.20
001966E DELTA DENTAL $2,289.47
001967E BOND TRUST SERVICES CORP $1,844,719.38
001968E SELECT ACCOUNT $6,490.18
001969E ASSURANT EMPLOYEE BENEFITS $551.77
001970E PR PERA $12,157.63
001971E PR FED/FICA $12,934.31
001972E PR MN Deferred Comp $1,000.00
001973E PR STATE OF MINNESOTA $2,962.23
001974E SELECT ACCOUNT $532.00
001975E CITY OF MEDINA $17.00
001976E FARMERS STATE BANK OF $20.00
Total Checks $1,914,131.48
PAYROLL DIRECT DEPOSIT January 16, 2013 —January 30, 2013
504721 BARNHART, ERIN A $1,620.28
504722 BELLAND, EDGAR J $2,244.79
504723 BOECKER, KEVIN D $2,504.29
504724 CONVERSE, KEITH A. $1,824.03
504725 DINGMANN, IVAN W. $2,109.97
504726 DOMINO, CHARMANE $1,607.70
504727 FINKE, DUSTIN D $2,074.12
504728 GALLUP, JODI M. $1,454.59
504729 GLEASON, JOHN M. $1,670.78
504730 GREGORY, THOMAS $1,916.25
504731 HALL, DAVID M. $2,390.96
504732 JESSEN, JEREMIAH S. $1,880.35
504733 JOHNSON, SCOTT T $2,088.11
504734 KLAERS, ANNE M. $587.37
504735 KORDIAK, JEFFREY $683.51
504736 LANE, LINDA $1,304.91
504737 LEUER, GREGORY J. $1,882.95
Medina City Council Meeting Minutes 8
February 5, 2013
504738 MCGILL, CHRISTOPHER R $1,819.92
504739 NELSON, JASON $2,163.46
504740 PETERSON, DEBRAA. $1,583.13
504741 PORTINEN, TERI $1,297.90
504742 REINKING, DEREK M $1,345.11
504743 SCHERER, STEVEN T. $2,176.47
504744 VIEAU, CECILIA M $1,141.40
504745 VINCK, JOHN J $1,868.41
504746 BARNHART, ERIN A $1,632.21
504747 BELLAND, EDGAR J $2,312.55
504748 BOECKER, KEVIN D $2,264.12
504749 CONVERSE, KEITH A. $1,993.17
504750 DINGMANN, IVAN W. $1,824.97
504751 DOMINO, CHARMANE $1,789.76
504752 FINKE, DUSTIN D $2,074.12
504753 GALLUP, JODI M. $1,484.08
504754 GLEASON, JOHN M. $1,868.19
504755 GREGORY, THOMAS $1,916.75
504756 HALL, DAVID M. $2,271.72
504757 JESSEN, JEREMIAH S. $2,263.91
504758 JOHNSON, SCOTT T $2,139.32
504759 KLAERS, ANNE M. $608.85
504760 KORDIAK, JEFFREY $686.21
504761 LANE, LINDA $1,549.63
504762 LEUER, GREGORY J. $1,972.10
504763 MCGILL, CHRISTOPHER R $1,928.28
504764 NELSON, JASON $2,944.76
504765 PETERSON, DEBRAA $1,638.33
504766 PORTINEN, TERI $1,344.44
504767 REINKING, DEREK M $1,365.38
504768 SCHERER, STEVEN T. $2,215.93
504769 VIEAU, CECILIA M $1,168.42
504770 VINCK, JOHN J $2,255.55
Total Payroll Direct Deposit $88,753.51
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February 5, 2013
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