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HomeMy Public PortalAbout03/20/2012 CCMMEDINA CITY COUNCIL MEETING MINUTES OF MARCH 20, 2012 The City Council of Medina, Minnesota met in regular session on March 20, 2012 at 7:01 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 (arrived at 8:10 p.m.), 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 March 6, 2012 Regular City Council Meeting Minutes It was noted on page four, line 22, it should state, "...regarding the overall similarity in the single family housing, including the townhome product." On page five, line 20, it should state, "...larger setbacks around the perimeter of the..." On page seven, line six, it should state, "shifted its focus to be more supportive of businesses." On page seven, line 20, it should state, "...s^i,,,,.,e.,ting that and questioned if the light is supposed to brightest at noon..." On page seven, line 22, it should state, "...section of the dynamic sign..." On page seven, line 39, it should state, "...has a dynamic sign..." On page eight, line 36, it should state, "Martinson again suggested asked if anyone else supported fifteen seconds." On page eight, line 12, it should state, `...allow a second sign, unless a gas station is on a corner lot." On page eight, line 16, it should state, "...research the issue of off premise tenant signs." On page eight, line 20, it should state, "...present options for off premise tenant signs." Moved by Pederson, seconded by Martinson, to approve the March 6, 2012 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Accept 2012 Road Material Bids B. Approve Tennis Court Rental Agreement with Carrie Agre C. Approve Joint Powers Agreement for Loretto Creek Sediment and Nutrient Removal Project between Cities of Medina and Loretto D. Approve State of Minnesota Board of Water and Soil Resources Competitive Grants Program Park District E. Approve Stormwater Maintenance Agreement between the City of Medina and the Three Rivers Park District Medina City Council Meeting Minutes 1 March 20, 2012 F. Authorize Letter to Hennepin County in Response to Proposed Dispatch Fees H. Ordinance No. 524 Establishing Fees for City Clean Up Day Resolution No. 19 To Publish Ordinance for Clean-up Day Fees by Title and Summary Cooney Moved by Weir, seconded by Pederson, to approve the consent agenda. Motion passed unanimously. G. Ordinance No. 523 Amending Section 200.03 of the Code of Ordinances Regarding Special Meetings for Council Procedures Weir believed that the old language is better than the new language. Batty stated that although he agrees with Weir, the new language is mirrored to match State statute. Moved by Weir, seconded by Pederson, to approve Ordinance No. 523 Amending Section 200.03 of the Code of Ordinances Regarding Special Meetings for Council Procedures. Motion passed unanimously. J. Resolution No. 20 Accepting Resignation of Associate Planner Dale Cooney Weir commended Cooney for the amount of work and continuity that he provided to the City in the past year, and through the transition in City Administrators. She questioned if the City would be looking for a new summer intern. Johnson stated that staff would not be looking for a summer intern but would be interested in a person to assist with the upcoming elections. Moved by Weir, seconded by Pederson, to approve Resolution No. 20 Accepting the Resignation of Associate Planner Dale Cooney. Motion passed unanimously. Crosby commented that Cooney was a jack of all trades and believed that the City should look for a person with a similar skill set to assist the City. He asked that the item be brought back on a future agenda. Finke commented that Cooney had been with the City for almost two years. VI. PRESENTATIONS A. Resolution No. 21 Recognizing Linda Lane for Five Years of Service to the City of Medina Crosby read the Resolution recognizing Linda Lane for five years of service to the City of Medina. Scherer provided input on the great job performance of Lane over the past five years and commended her for her hard work and contributions to the department. Medina City Council Meeting Minutes 2 March 20, 2012 Finke also recognized Lane for her contribution to his department as well and thanked her for her assistance. Moved by Weir, seconded by Pederson, to approve Resolution No. 21 Recognizing Linda Lane for Five Years of Service to the City of Medina. Motion passed unanimously. VII. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission There was no update. C. Planning Commission Planning Commissioner Anderson provided an update of the meeting, which took place the previous week. He advised that the two Ordinance amendments discussed at that meeting would be reviewed by the Council at the meeting tonight, the first regarding planned unit developments and the second regarding temporary sales events. There was a brief discussion regarding the Lennar at Brockton plan that has been reviewed by both the Council and Planning Commission, and will go back to the Planning Commission for further review. Finke stated that an email was received by Michael Bitterman, regarding his comments made during the Council review of the Lennar item at the previous meeting, which he would like submitted into the record. VIII. NEW BUSINESS A. Adoption of a Five -Year Capital Improvement Plan and Recharacterization of Bonds — Public Hearing Johnson reported that the Council called for a public hearing at the February 21st meeting, to take place tonight in order to recharaterize the use of bonds. He stated that the bonds currently in possession of the City had been designated as water bonds but explained that through this process those funds will be recharaterized and could then be used for the city hall improvements and public works facility. Crosby explained that the current water capacity has been found to be sufficient and explained that the need for a new water tower will not occur for another five to ten years. Crosby opened the public hearing at 7:34 p.m. No comments were made. Moved by Weir, seconded by Siitari, to close the public hearing at 7:34 p.m. Motion passed unanimously. Medina City Council Meeting Minutes 3 March 20, 2012 1. Resolution No. 22 Adopting a Capital Improvement Plan and Providing Preliminary Approval for the Recharacterization of Unspent Proceeds of Certain Obligation Bonds of the City Moved by Weir, seconded by Pederson, to approve Resolution No. 22 Adopting a Capital Improvement Plan and Providing Preliminary Approval for the Recharaterization of Unspent Proceeds of Certain Obligation Bonds of the City. Further discussion: Batty explained that a reverse referendum could be completed in the next 30 days to prevent the recharacterization of the bonds. He confirmed that the City will not be obtaining additional bonds through this process and explained that the process will simply expand the possible uses for the funds. Motion passed unanimously. B. Ordinance Amending Section 827 of the Code of Ordinances Regarding Planned Unit Development Crosby stated that it appeared that these amendments are technical and will simply bring an old Ordinance into current compliance and standards. Finke confirmed that most of the changes are technical in nature and referenced a portion of the Ordinance in which he updated the purpose statement to include objectives of importance. He advised that there are two planned unit developments currently in the City process and explained how these changes could affect those projects. Batty explained that this Ordinance was developed in 1994 and has not been updated since that time. He believed that the proposed changes would help to bring the Ordinance up to date. Finke confirmed that the proposed Ordinance will be similar to that of other Metro communities. He stated that the purpose of the Ordinance is to allow flexibility in the zoning Ordinances to better match the Comprehensive Plan, but advised that there are limitations to that flexibility. He referenced the language referencing density limitations and staging and asked for Council input. Weir questioned if that language should simply be removed, as the final density for the development would need to be reached at the end of all stages. Finke suggested that alternate language be used to simply state that the City has control over the density limitations but does not specify a number. Batty stated that he would leave the requirement but would remove the number requirement. Finke confirmed that staff would revise the language, as discussed, and noted that the item would come back before the Council for approval on a future Consent Agenda. Medina City Council Meeting Minutes 4 March 20, 2012 C. Ordinance No. 525 Amending Sections 832, 838, and 842 of the Code of Ordinances Regarding Temporary Sales Events Crosby stated that it appeared the only change is to extend the time period for temporary sales events from 50 to 60 days. Finke stated that this change was driven by previous Council direction and noted that staff believed this change should occur prior to tent season beginning. Weir stated that some neighboring communities, such as Plymouth, use a 90 day time period. She questioned if the Council would like to move forward with this proposed time period or whether the time period should be extended to 90 days for farm produce and nursery sales. Finke listed the types of sales, which occur under this Ordinance, such as fireworks and yard decorations. Crosby explained that a shorter regulation would allow for some control so that the City is not overrun by vagabond sales merchants. Weir stated that she would be in favor of the 60 day time period, but commented that farm produce and nurseries may need to be categorized differently in the future. Moved by Weir, seconded by Siitari, to approve Ordinance No. 525 Amending Sections 832, 838, and 842 of the Code of Ordinances Regarding Temporary Sales Events. Motion passed unanimously. 1. Resolution No. 23 Authorizing Publication of Ordinance by Title and Summary Moved by Weir, seconded by Martinson, to approve Resolution No. 23 Authorizing Publication of Ordinance by Title and Summary. Motion passed unanimously. VII. COMMENTS (Continued) A. Comments from Citizens on Items not on the Agenda (Continued) Crosby referenced a written submission from Michael Bitterman, 4175 Brockton Lane South, and read those concerns aloud. He confirmed that the written statement will be entered as part of the record. IX. CITY ADMINISTRATOR REPORT Johnson advised that a special meeting would need to be noticed for the Business Forum. Moved by Weir, seconded by Pederson, to schedule a special meeting at 7:30 a.m. on March 27, 2012, at the Hamel community building to accommodate the Business Forum. Motion passed unanimously. Johnson provided brief updates on ongoing and upcoming projects and meetings within the City. Medina City Council Meeting Minutes 5 March 20, 2012 Moved by Weir, seconded by Siitari, to schedule a special meeting at 5:30 p.m. on April 4, 2012. Motion passed unanimously. X. MAYOR & CITY COUNCIL REPORTS Crosby asked for an update regarding the brush pile. Scherer advised that signs will be posted and the area will be fenced in an attempt to slow things down. He commented that there has been high traffic due to the amount of evergreens, which were taken down by the last big snow. Crosby stated that he received a notice of a public stakeholders meeting from the Elm Creek Watershed. Johnson stated that he and Weir would be attending that meeting. Weir stated that this process is open to the public but noted that often the only attendees are from member cities. She noted that the meeting time had been changed from 2:30 p.m. to 5:30 p.m. in an attempt to provide opportunity for more people to attend. She also noted that the cabin at City Hall will hold an open house on Clean -Up Day. Pederson stated that the Hamel Lions will host their annual Easter Egg Hunt at noon on April 7th. XI. APPROVAL TO PAY THE BILLS Moved by Weir, seconded by Siitari, to approve the bills, EFT 001557E-001579E for $35,177.54 and order check numbers 038061-038118 for $154,174.51, and payroll EFT 504123-504151 for $40,538.34 and payroll check number 020355 for $2,557.37. Motion passed unanimously. XII. CLOSED SESSION: DISCUSS PROPERTY ACQUISITION The meeting was adjourned to closed session at 8:24 p.m. to discuss the acquisition of property. The meeting reconvened to regular session at 8:30 p.m. The City Council discussed the counter proposal from Clam Corporation and directed staff to respond to the proposal. XIII. CLOSED SESSION: 6 MONTH PERFORMANCE REVIEW The meeting was adjourned to closed session at 8:40 p.m. to discuss the six month performance review of City Administrator Scott Johnson. The meeting reconvened to regular session at 9:11 p.m. XIV. ADJOURN Moved by Weir, seconded by Siitari, to adjourn the meeting at 9:12 p.m. Motion passed unanimously. Medina City Council Meeting Minutes 6 March 20, 2012 Attest: Johnson C Administrator Scott y for Medina City Council Meeting Minutes 7 March 20, 2012 This Page Intentionally Left Blank Medina City Council Meeting Minutes 8 March 20, 2012 ORDER CHECKS March 2, 2012 - March 15, 2012 038061 BUDGET PRINTING $71.18 038062 JENNIFER/PETER GODDARD $91.19 038063 NAPA $332.17 038064 CVS WHOLESALE FLAGS $272.45 038065 LAWSON PRODUCTS, INC $332.55 038066 LUNDELL, STEVE $102.19 038067 ALLINA OCC MED NW 5685 $50.00 038068 ASPEN MILLS INC $327.42 038069 AT&T SUBPOENA CENTER $40.00 038070 BANK OF MAPLE PLAIN $34,417.50 038071 BATTERIES PLUS $176.28 038072 BLUE CROSS BLUE SHIELD OF $25,010.00 038073 BUDGET PRINTING $24.09 038074 COUGHLIN FLOOR COVERING INC $3,239.00 038075 D W HOLDING INC $14,000.00 038076 DESIGNING NATURE, INC $333.34 038077 DITTER INC $190.50 038078 DPC INDUSTRIES INC $1,724.04 038079 EARL F ANDERSEN INC $524.52 038080 EHLERS & ASSOC INC. $487.50 038081 GOPHER STATE ONE CALL $75.60 038082 GRAFIX SHOPPE $596.99 038083 GRAINGER $174.16 038084 GREEN LIGHTS RECYCLING $61.07 038085 H & L MESABI COMPANY $752.90 038086 HAKANSON ANDERSON $1,000.00 038087 HAMEL LUMBER & SUPPLY INC $180.72 038088 HENN COUNTY ELECTIONS $21.73 038089 HENN COUNTY INFO TECH $798.24 038090 KERN, DEWENTER & VIERE $4,800.00 038091 KENNEDY & GRAVEN CHARTERED $7,275.74 038092 LAW ENFORCEMENT LABOR $336.00 038093 LEXISNEXIS RISK DATA MGMT $112.50 038094 LOFFLER COMPANIES INC $4,472.72 038095 CITY OF MAPLE PLAIN $302.32 038096 MATHESON TRI-GAS INC $85.90 038097 MEDTOX LABS $48.15 038098 METROPOLITAN COUNCIL $9,365.40 038099 METROPOLITAN COUNCIL $18,939.41 038100 METRO WEST INSPECTION $4,979.76 038101 MN BOARD OF PEACE OFFICER $180.00 038102 MN DEPARTMENT OF HEALTH $6,652.56 038103 OFFICE DEPOT $20.03 038104 OFFICE OF ENTERPRISE $10.00 038105 OIL AIR PRODUCTS LLC $20.37 038106 ON SITE SANITATION $42.75 038107 CITY OF ORONO $370.73 038108 PERFORMANCE PETROLEUM $270.99 038109 PERRY'S TRUCK REPAIR $90.84 038110 PREMIUM WATERS INC $86.55 038111 PROF LAW ENFORCEMENT $50.00 038112 RAILROAD MANAGEMENT $120.79 038113 RANDY MAYER LTD $160.31 038114 STRETCHER'S $787.56 038115 SUN PRESS & NEWSPAPERS $128.34 038116 TALLEN & BAERTSCHI $5,904.47 038117 CITY OF WAYZATA $31.00 038118 WSB & ASSOCIATES $3 121.99 Total Checks $154,174.51 CHECKS March 2, 2012 - March 15, 2012 001557E XEROX CORPORATION $35.05 001558E CULLIGAN-METRO $32.38 001559E PAYMENT SERVICE NETWORK INC $177.65 001560E CIPHER LABORATORIES INC. $2,513.22 001561E FRONTIER $52.61 Medina City Council Meeting Minutes 9 March 20, 2012 001562E CITY OF PLYMOUTH $776.53 001563E CENTERPOINT ENERGY $862.93 001564E PR PERA $10,748.77 001565E PR FED/FICA $11,342.05 001566E PR MN Deferred Comp $975.00 001567E PR STATE OF MINNESOTA $2,610.83 001568E SELECTACCOUNT $542.09 001569E CITY OF MEDINA $17.00 001570E FARMERS STATE BANK OF $20.00 001571E SELECT ACCOUNT $1,290.39 001572E SELECT ACCOUNT $1,073.59 001573E ELAN FINANCIAL SERVICE $1,349.33 001574E PIVOTAL PAYMENTS INC $65.49 001575E MEDIACOM OF MN LLC $50.95 001576E AFLAC $443.56 001577E PITNEY BOWES $112.17 001578E FARMERS STATE BANK OF $35.00 001579E MEDIACOM OF MN LLC $50.95, Total Checks $35,177.54 PAYROLL DIRECT DEPOSIT March 2, 2012 — March 15.2012 504123 SIITARI, MIKE $185.00 504124 BARNHART, ERIN A $1,547.41 504125 BOECKER, KEVIN D $2,061.95 504126 CONVERSE, KEITH A. $1,763.53 504127 COONEY, DALE T. $1,059.33 504128 CROSBY, THOMAS M. JR. $334.15 504129 DINGMANN, IVAN W. $2,212.58 504130 FINKE, DUSTIN D $2,023.97 504131 GALLUP, JODI M. $1,364.61 504132 GLEASON, JOHN M $2,011.36 504133 GREGORY, THOMAS $1,723.95 504134 HALL, DAVID M $1,750.17 504135 JESSEN, JEREMIAH S. $2,119.44 504136 JOHNSON, SCOTT T $2,208.38 504137 KLAERS, ANNE M. $597.29 504138 KORDIAK, JEFFREY $675.07 504139 LANE, LINDA $1,303.14 504140 LEUER, GREGORY J $1,809.17 504141 MARTINSON, MELISSA $235.87 504142 MCGILL, CHRISTOPHER R. $1,625.75 504143 NELSON, JASON $2,129.38 504144 PEDERSON, JEFF $225.00 504145 PETERSON-DUFRESNE, DEBRA A. $1,551.60 504146 PORTINEN, TERI $1,293.27 504147 REINKING, DEREK M $1,390.41 504148 SCHERER, STEVEN T $2,131.45 504149 VIEAU, CECILIA M $1,152.66 504150 VINCK, JOHN J. $1,816.58 504151 WEIR, ELIZABETH V $235.87 Total Payroll Direct Deposit 540,538.34 PAYROLL CHECK March 2. 2012— March 15. 2012 020355 BELLAND, EDGAR J $2,557.37 Total Payroll Checks $2,557.37 Medina City Council Meeting Minutes 10 March 20, 2012