HomeMy Public PortalAbout05/15/2012 CCMMEDINA CITY COUNCIL MEETING MINUTES OF MAY 15, 2012
The City Council of Medina, Minnesota met in regular session on May 15, 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, City Administrator Scott Johnson, 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 May 1, 2012 Regular City Council Meeting Minutes
It was noted on page two, line 10, it should state, "...accrued sick time..." On page two,
line 12, it should state, "...hours of sick time..." On page three, line 29, it should state,
"...residents were in favor of regulating the Medina boat launch..." On page five, line
19, it should state, "...best use of commercially zoned property." On page six, line 25, it
should state, "Weir provided a specific example from the past and questioned if limiting
restrictions to domestic use was the correct term, as the specific case was a business.
Moved by Weir, seconded by Martinson, to approve the May 1, 2012 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Overlay Services Agreement with GMH Asphalt Corp.
B. Approve Pitney Bowes Global Financial Services Agreement
C. Appoint Ellis Olkon as Medina Park Commissioner ,,.,,
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E. Call for Special Meeting on October 23, 2012 at 8:30 a.m. for Fall Business
Tour
F. Call for Special Meeting on June 5, 2012 at 6:00 p.m. to Discuss
Expectations and Timelines for City Facilities with Architect 292 Design
Group
Moved by Siitari, seconded by Weir, to approve the consent agenda. Motion passed
unanimously.
D. Approve Agreement with 292 Design Group as Architectural Firm for City
Facility Remodeling Projects
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Crosby provided background information on the RFP process, noting that 18 firms
responded with proposals. He explained that a group of Councilmembers interviewed
the firms and decided on 292 Design Group. He questioned if Batty had reviewed the
contracts.
Batty noted that a member from his office that is familiar with these types of contracts
has reviewed the document and proposed corrections to better balance the contract.
Crosby asked specific information in regard to whether a charge would still be incurred if
the City decides not to move forward with improvements to City Hall. He also wanted to
ensure that the City would own the information.
Johnson noted that the approval would be contingent upon review by the City Attorney
and Mayor.
Finke provided additional information as to what would occur if the City chooses not to
move forward on a portion of the work.
Moved by Weir, seconded by Pederson, to approve the agreement with 292 Design
Group as architectural firm for City facility remodeling projects, contingent upon review
by the City Attorney. Motion passed unanimously.
VI. PRESENTATION
A. GreenStep Program
Philipp Muessig, Minnesota Pollution Control Agency (MPCA), addressed the Council in
regard to the GreenStep Program. He reviewed the benefits provided by the program
and displayed the GreenStep website, highlighting specific elements of the site. He
noted that the best practices are split between five categories and further explained the
actual challenge and steps that can be reached by cities. He displayed examples from
the website and walked the Council through the best practices and action items listed for
specific items. He noted that this is a free program for cities to join and participate at
their own pace.
Crosby questioned how many cities currently participate in the program.
Muessig stated that this program began two years ago and currently has 47 cities
participating.
Crosby stated that in the past the City chose not to participate as Medina is already
moving forward on some of these issues independently. He believed that additional
staff time would be used simply updating this program, rather than completing the actual
work. He questioned if some cities are more concerned with checking off the box rather
than completing the action.
Muessig noted that some cities seem to be more concerned with checking the boxes,
but advised that some cities have begun using interns to participate in the program.
Crosby suggested that staff review the program and determine if it would be beneficial
for the City to participate in the program or simply continue on the existing path.
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Weir stated that she would be open to the program and believed that a volunteer could
be used 'to jump start the program and handle the reporting. She liked the guidance
provided in the tool but commented that the City is currently doing well on its own.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Weir noted that the Park Commission has been working on the boat launch issue and
the dugout covering.
Martinson noted that the Parks Tour will be held the following night.
C. Planning Commission
Finke stated that the Planning Commission did not meet this month, but will review two
applications the following month.
VIII. NEW BUSINESS
A. Independence Beach Boat Launch
Johnson stated that the Parks Commission has spent the better part of the past three
meetings discussing the boat launch owned by the City. He explained that the issue
arose because of the concern with invasive species, specifically zebra mussels. He
noted that Three Rivers Park District is going to install a gate with a code to control their
access to the water. He stated that the Park Commission is recommending the
installation of a gate at the Medina boat launch as well, which will remain unlocked at
this time, along with signage educating users on zebra mussels. He noted that the Lake
Independence Community Association (LICA) is willing to contribute approximately
$1,000 towards the installation of the gate/signage and $500 per year for gate
maintenance.
Weir displayed pictures showing the impact of zebra mussels. She noted that the
mussels form thick colonies on almost anything they come in contact with, and breed
profusely. She noted that Lake Minnetonka has already been infected and believed that
the City should attempt to protect Lake Independence from this problem as well. She
noted that a permitting process will be developed and hopefully implemented by mid-
summer. She explained that once the process is complete the gate could be locked and
users would have to purchase a permit to obtain the code to the Medina gate, similar to
the Three Rivers Park District gate process.
Mike McLaughlin, LICA President, believed that the gate would assist in prevention of
zebra mussels being introduced. He described the process that would be followed after
the gate is installed and the permitting process is in place. He commented that having a
gate with a lock would help to educate users and also show that the City is concerned
and trying to prevent the spread of this invasive species. He advised of possible grant
funds that could possibly be applied to the installation of the gate.
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Dick Larson, 3167 Lakeshore Avenue, stated that Peter Sorenson, a professor at the
University of Minnesota, has stated that we should declare war on aquatic invasive
species. He noted that a war would have consequences and would affect prosperity,
freedom and happiness. He stated that the DNR reports that there are 300 lakes in
Minnesota which have been infected. He stated that it is not a matter of can we do it,
but how can we do it.
Moved by Weir, seconded by Siitari, to authorize installation of gate at Lakeshore Park
boat launch with contribution of approximately $1,000 from LICA and temporary signage
by May 25t", but keep it unlocked until the permitting process and ordinance are revised.
Motion passed unanimously.
B. Greenfield Comprehensive Plan Review
Crosby noted that adjacent municipalities have the option to review and respond to the
Comprehensive Plan of a city. He stated that currently the City has the option to review
the Plan submitted by Greenfield.
Finke summarized points of the Greenfield Comprehensive Plan and highlighted the
comments suggested by staff.
Moved by Weir, seconded by Pederson, to approve the letter drafted in response to the
City of Greenfield's request for input on their proposed comprehensive plan. Motion
passed unanimously.
IX. OLD BUSINESS
A. Termination Agreement for County Road 101 Access Agreement with Ace
Properties
Finke explained that this item is in regard to an agreement with Ace Properties and
displayed an aerial photograph of the site. He provided background information on the
agreement and the extension of the agreement. He noted that Hennepin County has
stated that the left in access could be left for the foreseeable future and explained that
this agreement would remove the requirement to close the left in access and release the
letter of credit from Ace Properties which was originally required.
Moved by Weir, seconded by Pederson, to approve termination agreement for County
Road 101 Access Agreement with Ace Properties. Motion passed unanimously.
Moved by Weir, seconded by Pederson, to release the Letter of Credit from Ace
Properties LLC in the amount of $43,175.17 for the Co Rd 101 Access Agreement.
Motion passed unanimously.
B. Ordinance Amending Chapter 8 of the Code of Ordinances Regarding
Nursing Homes, Housing with Services Establishments, and Assisted
Living Facilities
Crosby noted that this item had been discussed at the last meeting and the decision had
been tabled in order to obtain additional information.
Finke stated that the proposed Ordinance is the same as previously reviewed. He noted
that staff reviewed other communities and had found some areas where nursing home
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facilities are permitted in similar zoning districts. He explained that this would be a
legislative land use decision and would not be specific to a piece of property.
Rachel Lorenz, Around the Clock Home Care Group, addressed the Council in regard to
the interest in purchasing the property located at 2382 Highway 55. She provided
additional information on the type of service provided by her organization, noting that
four to eight clients are housed at the existing facilities. She noted that this proposed
site would be the largest site for the organization. She stated that the current plan
would be to complete construction in increments, beginning first with converting the
existing garage into a five bedroom cottage. She noted that the existing motel would
then be removed and hoped that additional expansion would occur from the initial
development, to reach a goal of 100 units. She explained that assisted living provides
the opportunity for people to live as independently as possible, while still having access
to assistance.
Crosby stated that his concern is whether this type of facility would need to be located in
the commercial highway district.
Lorenz stated that she has been in the industry for many years and believed that the
proposed location is usual for the type of facility. She stated that visibility would be
provided by the highway, but noted that the use would also fit with the residential area
which may also be near.
Weir questioned if the facility would be affected by the commercial properties which may
neighbor the location.
Lorenz stated that the residents would be secure in the building and could utilize a
courtyard. She noted that many assisted living facilities are located in commercial
areas.
Weir stated that while she has no problem with the use for this property, she would not
like to see many of these uses within the zoning district. She noted that there is already
a conflict in Medina between a senior housing complex and a nearby gas station. She
questioned whether this type of use would be the best use of the zoning district.
Finke reviewed the districts which currently allow housing with services establishments.
Crosby stated that he has no problem with this use at the proposed location, but
expressed concern with incompatible uses. He also expressed concern with using the
property for this type of facility rather than developing the property commercially.
Lorenz stated that there is no access directly to the highway from the property, which
may deter commercial interest.
Martinson stated that her concern would be that if this is allowed, the facility could affect
future development of neighboring properties.
Weir did not believe that this is a step the City should take.
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Crosby stated that while this would be a welcome addition to the community he did not
believe that this would be the best use of the property.
Siitari agreed that this would not be a good use for the property.
Pederson expressed similar concern with incompatible uses.
Moved by Weir, seconded by Siitari, to deny an Ordinance amending Chapter 8 of the
Code of Ordinances regarding nursing homes, housing with services establishments,
and assisted living facilities. Motion passed unanimously.
Martinson urged the business to look elsewhere in the City for property.
Summary
C. Ordinance No. 527 Amending Section 710 of the Code of Ordinances
Regarding Private Wells on Property Served by the City Water Supply
System
Finke confirmed that this item had been previously discussed by the Council at the last
meeting and noted that suggested changes had been made to the proposed Ordinance.
Moved by Weir, seconded by Pederson, to approve Ordinance No. 527 Amending
Section 710 of the Code of Ordinances Regarding Private Wells on Property Served by
the City Water Supply System. Motion passed unanimously.
1. Resolution No. 29 Authorizing Publication of the Ordinance by Title
and Summary
Moved by Pederson, seconded by Weir, to approve Resolution No. 29 Authorizing
Publication of the Ordinance by Title and Summary. Motion passed unanimously.
D. Hamel Legion Ball Field Dugout Covers
Johnson noted that the Park Commission made a recommendation at their last meeting
in an attempt to be more consistent with park improvements throughout the City,
including the Hamel Field House.
Weir expressed concern with possible costs being passed to young families involved in
the sport.
Martinson noted that while she shares that concern, she also acknowledges that park
funds are depleting and this policy would make things more consistent.
Johnson noted that the athletic club expressed some concern with the issue, and will
meet with staff in the near future.
Moved by Siitari, seconded by Martinson, to approve installation services agreement as
long as city pays no more than 25% (approximately $2, 000) of the total project cost for
the fencing improvements and fabric covers. Motion passed unanimously.
e
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X. CITY ADMINISTRATOR REPORT
Johnson stated that staff met with Randy's Environmental Services in regard to the
contract which will expire this year. He recommended extending the agreement for an
additional six months with the same fee structure. Randy's requested an opportunity to
present to the City Council at an upcoming Work Session on their new programs. He
confirmed that staff will work out the details with Randy's to extend the agreement and
bring this item back to Council for approval at a future meeting.
XI. MAYOR & CITY COUNCIL REPORTS
Weir provided an update on the Uptown Hamel meeting she attended and a request for
mulch.
Johnson confirmed that the mulch will be provided.
Weir also provided an update on the watershed meetings she recently attended.
Crosby noted that the Park Tour will occur the following night, although he will not be
able to attend.
XII. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Pederson, to approve the bills, EFT 001631E-001649E for
$40,338.73 and order check numbers 038289-038342 for $165,467.33, and payroll EFT
504228-504255 for $39,967.66 and payroll check number 020360 for $2,542.37.
Motion passed unanimously.
XIII. CLOSED SESSION: ONGOING LITIGATION
The meeting adjourned to closed session to discuss ongoing litigation at 8:53 p.m.
The meeting reconvened to regular session at 9:50 p.m.
XIV. ADJOURN
Moved by Weir, seconded by Pederson, to adjourn the meeting at 9:50 p.m. Motion
passed unanimously.
T.M. Crosby, Jr., Mayor
Attest:
Scott Johnson, City Administrator
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May 15, 2012
This Page Intentionally Left Blank
Medina City Council Meeting Minutes 8
May 15, 2012
ORDER CHECKS April 27, 2012 - Mav 10, 2012
038289 BRIDGEWATER HOA $250.00
038290 EPLAND, KRISTIN $150.00
038291 GOODIN COMPANY $97.12
038292 MALY, NANCY $500.00
038293 NAPA $49.69
038294 PROOPS, ROSEMARIE $150.00
038295 SULEMAN, ATIF $250.00
038296 ADAIR TRITCHLER $150.00
038297 ACTION FLEET inc $490.09
038298 AMERICAN SUPPLY GROUP INC $364.09
038299 BAILEY NURSERIES, INC $1,906.06
038300 BANYON DATA SYSTEMS $197.68
038301 BLUE CROSS BLUE SHIELD OF $23,777.00
038302 BUDGET PRINTING $49.08
038303 CAREFREE SERVICES INC $3,994.00
038304 EGAN $307.45
038305 GOPHER STATE ONE CALL $447.10
038306 GRAINGER $429.08
038307 GREGOR FARM & GREENHOUSE $51.04
038308 HAKANSON ANDERSON $500.00
038309 HAMEL LUMBER & SUPPLY INC $182.28
038310 HAMEL VOLUNTEER FIRE DEPT $69,789.26
038311 HENN COUNTY INFO TECH $798.24
038312 HENN COUNTY SHERIFF $24.35
038313 HENN COUNTY TAXPAYER SVCS $633.65
038314 HENRYS WATERWORKS INC $194.34
038315 HIGHWAY 55 RENTAL $18.50
038316 HONEST AUTO LLC $643.29
038317 JOHN DEERE LANDSCAPES $101.53
038318 KERN, DEWENTER & VIERE $4,600.00
038319 LAW ENFORCEMENT LABOR $336.00
038320 LEAGUE OF MN CITIES INS.TRUST $201.00
038321 LEHNE'S TIRE SERVICE $102.00
038322 LEXISNEXIS RISK DATA MGMT $33.50
038323 MATHESON TRI-GAS INC $94.37
038324 METROPOLITAN COUNCIL $9,365.40
038325 METROPOLITAN COUNCIL $18,939.41
038326 MN SAFETY. COUNCIL INC $761.20
038327 NORTHWEST FAMILY PHYSICIANS $266.00
038328 OFFICE DEPOT $363.35
038329 OFFICE OF ENTERPRISE $10.00
038330 ON SITE SANITATION $495.44
038331 CITY OF ORONO $424.18
038332 PONTEM SOFTWARE BY RIA $176.00
038333 PREMIUM WATERS INC $104.24
038334 PUBLIC SAFETY EQUIPMENT LLC $135.43
038335 SPRINT $830.67
038336 STANTEC INC $439.75
038337 STREICHER'S $108.99
038338 SUBURBAN TIRE WHOLESALE $311.37
038339 TALLEN & BAERTSCHI $5,561.58
038340 TIMESAVER OFFSITE $231.25
038341 WESTSIDE WHOLESALE TIRE $75.50
038342 YOCUM OIL CO. INC. $15,005.78
Total Checks $165,467.33
CHECKS April 27, 2012 - Mav 10, 2012
001631E MEDIACOM OF MN LLC $50.95
001632E CENTERPOINT ENERGY $167.03
001633E PAYMENT SERVICE NETWORK INC $203.40
Medina City Council Meeting Minutes 9
May 15, 2012
001634E CIPHER LABORATORIES INC. $2,513.22
001635E CULLIGAN-METRO $32.38
001636E FRONTIER $52.58
001637E XEROX CORPORATION $38.55
001638E VALVOLINE FLEET SERVICES $63.00
001639E PR PERA $10,631.39
001640E PR FED/FICA $10,878.38
001641E PR MN Deferred Comp $975.00
001642E PR STATE OF MINNESOTA $2,542.10
001643E SELECTACCOUNT $542.08
001644E CITY OF MEDINA $17.00
001645E FARMERS STATE BANK OF $20.00
001646E WHCEA $2,549.98
001647E XCEL ENERGY $7,012.78
001648E ASSURANT EMPLOYEE BENEFITS $534.98
001649E SELECT ACCOUNT $1 513.93
Total Checks $40,338.73
PAYROLL DIRECT DEPOSIT April 27, 2012 — May 10, 2012
504228 SIITARI, MIKE $185.00
504229 BARNHART, ERIN A $1,543.66
504230 BOECKER, KEVIN D $2,206.51
504231 CONVERSE, KEITH A. $1,763.53
504232 CROSBY, THOMAS M. JR. $334.15
504233 DINGMANN, NAN W. $1,998.65
504234 FINKE, DUSTIN D $2,023.97
504235 GALLUP, JODI M. $1,364.60
504236 GLEASON, JOHN M $1,884.28
504237 GREGORY, THOMAS $1,680.44
504238 HALL, DAVID M $2,017.18
504239 JESSEN, JEREMIAH S. $2,119.44
504240 JOHNSON, SCOTT T $2,346.90
504241 KLAERS, ANNE M. $817.09
504242 KORDIAK, JEFFREY $675.07
504243 LANE, LINDA $1,338.35
504244 LEUER, GREGORY J $1,696.63
504245 MARTINSON, MELISSA $235.87
504246 MCGILL, CHRISTOPHER R. $1,625.75
504247 NELSON, JASON $2,248.25
504248 PEDERSON, JEFF $225.00
504249 PETERSON-DUFRESNE, DEBRA A. $1,551.59
504250 PORTINEN, TERI $1,293.27
504251 REINKING, DEREK M $1,325.94
504252 SCHERER, STEVEN T $2,131.46
504253 VIEAU, CECILIA M $1,152.64
504254 VINCK, JOHN J. $1,946.57
504255 WEIR, ELIZABETH V $235.87
Total Payroll Direct Deposit $39,967.66
PAYROLL CHECK April 27, 2012 — May 10, 2012
020360 BELLAND, EDGAR J $2,542.37
Total Payroll Checks $2,542.37
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