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MEDINA CITY COUNCIL MEETING MINUTES OF MAY 19, 2009
The City Council of Medina, Minnesota met in regular session on May 19, 2009 at 7:00
p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Smith, Weir.
Members absent: Johnson, Siitari
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Public Works
Superintendent Steve Scherer, Finance Director Jeanne Day, City Administrator Chad
Adams and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
Adams requested to add an item under New Business, Consumption and Display Permit
for Hamel Legion, to the agenda.
Smith requested to add an item, under New Business, discussion whether the Council
believes that the garbage and recycling containers at City Hall should be enclosed.
Moved by Weir, seconded by Smith, to approve the agenda as amended. Motion
passed unanimously.
Crosby commented that Siitari and Johnson would not be present at the meeting.
IV. APPROVAL OF MINUTES
A. Approval of the May 5, 2009 Regular City Council Meeting Minutes
It was noted Page 3, line 25, should state: "...and that the Citv had spent $500 on the
design process." Page 4, line 8, it should state: "He advised that two separate public
hearings for each road of the project..." Page 5, lines 1 and 5, should state: "He
advised of summarized the lot..." Page 9, line 31, should state: "...even if not
physically connected to the church." Page 9, line 35, add, "Weir expressed concern
over the cemetery portion of the new zoning district." Page 10, addition after line 33,
"Crosby opposed the vote on the narrow issue of the interim use permit portion of the
project." Page 10, line 17, should state: "...parish ewe manager..." Page 10, line 47,
should state: "...contact contract..." Page 11, line 2, should state: "...would not
purcha„o manage..."
Moved by Weir, seconded by Smith, to approve the May 5, 2009 regular City Council
meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Electronic Citation Interface System Services Agreement with
State of Minnesota
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D Approve Addendum to Land Acquisition Agreement with Wilson
Development Services
E. Approve Temporary 3.2 On -Sale Liquor License and Raffle, Bingo, and Pull -
Tab Permit to Church of St. Anne for August 22 — 23. 2009
Approve City Water Consumer Confidence Report
F.
H.
Resolution Approving a Lot Combination for Holy Name of Jesus Church
for the Property Located at Northeast Corner of County Road 24 and Holy
Name Drive
I. Resolution Approving a Conditional Use Permit and Site Plan Review for
Holy Name Cemetery for the Property Located at Northeast Corner of
County Road 24 and Holy Name Drive
J. Resolution Certifying Delinquent City Charges for Services to the Hennepin
County Auditor for Collection in 2010
Adams asked to remove items B (Approve Mill and Overlay Services Agreement with
Midwest Asphalt, Inc.) and C (Approve Curb Replacement Agreement with North
Country Concrete, Inc.) from the consent agenda.
Crosby asked to remove item G (Resolution Approving an Interim Use Permit for Holy
Name of Jesus Church to Continue Use of a Residence at 52 County Road 24) from the
consent agenda.
Moved by Smith, seconded by Weir, to approve consent agenda items A, D, E, F, H, I
and J. Motion passed unanimously.
B. Approve Mill and Overlay Services Agreement with Midwest Asphalt, Inc.
C. Approve Curb Replacement Agreement with North Country Concrete, Inc.
Adams clarified that Midwest asphalt would be permitted, previously through the bidding
process, to participate in other projects for the City at the discretion of the Public Works
Superintendent. He added that the agreement with North Country Concrete was a curb
removal and replacement agreement.
G. Resolution Approving an Interim Use Permit for Holy Name of Jesus
Church to Continue Use of a Residence at 52 County Road 24
Crosby requested to clarify language related to the life estate. Adams stated staff
recommended language to read as condition #1:
1. The interim use permit shall terminate upon the later of the following events,
unless the owner of the Property requests termination at an earlier date.
a. Fifteen years from the effective date of this resolution; or
b. The expiration of the life estate agreement dated February 22, 1995.
Moved by Weir, seconded by Smith, to approve items B (Approve Mill and Overlay
Services Agreement with Midwest Asphalt, Inc.), C (Approve Curb Replacement
Agreement with North Country Concrete, Inc.), and G (Resolution Approving an Interim
Use Permit for Holy Name of Jesus Church to Continue Use of a Residence at 52
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County Road 24), as amended, from the consent agenda. Motion passed
unanimously.
VI. PRESENTATION
A. Long Lake Fire Department — Annual Report
James Van Eyll, Fire Chief, summarized the mission, goal, and leadership officers of the
fire department. He stated that there are currently 41 active members with 374 years of
total experience. He reviewed the facilities and equipment at both station one and two.
He briefly summarized the emergency call activity and breakdown. He reported the
response times for Long Lake, Medina, and Orono. Van Eyll reviewed the budget and
reported that in January the department was about two percent over budget. He
summarized the goals for 2008 and 2009. He reviewed the training and apparatus
goals for 2009. He stated that the pancake breakfast was a success with over 500
people attending. Van Eyll reported that the department would be partnering with the
Orono Lions for a blood drive on June 15, 2009. He stated that in the first quarter of
2009 Medina had four calls to the department, with two of those being medical calls.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
Ryan Boddler, resident of Foxberry Farms, noticed that there was a street light on his
road that continues to go off and on. He stated that the light was located on the cul-de-
sac in Foxberry Farms.
Scherer stated that he would follow up on that item and advised that in the future a call
could be made to City Hall with that type of concern.
B. Park Commission
Park Commissioner Madeline Linck reported that the first Park Commission nature walk
was done at the Medina Lake Preserve last Saturday. She thought the event could be
repeated next year highlighting another park within the City. She stated that following
the walk the annual park tour was held. She stated that Minnesota Waters would be
giving a presentation to the Park Commission tomorrow night, and briefly reviewed the
other items on the agenda for the meeting.
C. Planning Commission
Planning Commissioner Charles Nolan stated that during the previous meeting one
application including a restaurant/bar in Uptown Hamel had been reviewed. He briefly
reviewed the application and the conditions recommended. He reported that there was
no real opposition to the application and it was recommended for approval unanimously.
IX. NEW BUSINESS
A. Sycamore Trail Road Improvements
Adams reviewed the purpose of the meeting and stated that staff recommended
conducting the hearings together, rather than separately. He advised that a vote would
not be held tonight as the required number of Council Members was not present. He
reported that this would not delay the project. He briefly reviewed the background of the
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street funding and explained that the assessment would be 50% per lot, a total of
$1,330.57 per lot.
The public hearings for ordering the project and adoption of an assessment roll for
Sycamore Trail opened at 7:50 p.m.
Ben Benson, 4768 Sycamore Trail, requested a general outline of the project and
proposed changes in regard to configuration.
Scherer stated that the road would essentially remain the same as they would be milling
off and replacing the top layer of the road. He stated that the condition of the culvert
would be reviewed. Scherer stated that an official start date had not been chosen at this
time.
Darrel Schlinz, 4762 Sycamore Trail, questioned if he would be able to pay the
assessment rather than combining the assessment with his taxes.
Day explained the payment terms and advised that residents could pay within 30 days of
the assessment being passed with no interest.
Moved by Smith, seconded by Weir, to close the public hearing at 7:55 p.m. Motion
passed unanimously.
Adams reported that the resolutions would be on the consent agenda for the next
Council meeting.
B. Resolution Vacating a Portion of Drainage and Utility Easement for Holy
Name of Jesus. Church
Attorney Batty stated that this is the final piece of the church project discussed at the
last meeting. He explained that when the property is combined with the property to the
east there would not be a need for the drainage and utility easement currently in place.
He explained that a public hearing is necessary to conduct this type of action. He
explained that the public hearing could be conducted tonight but a vote could not be
made at this time, as there were not enough Council members present.
The public hearing was opened at 7:56 p.m. No one wished to speak to this item.
Moved by Weir, seconded by Smith, to close the public hearing at 7:57 p.m. Motion
passed unanimously.
C. Resolution Authorizing Lake Minnetonka Communications Commission to
Acquire Property at 4071 Sunset Drive, Spring Park, MN
Sally Koenecke, representing the Lake Minnetonka Communications Commission,
asked if there were any questions regarding the purchase.
Crosby summarized that the Lake Minnetonka Communications Commission would be
purchasing the building that they have been leasing.
Weir stated that there would not be any additional fee to the City.
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Koenecke reported that the Commission manages the franchise agreements and any
concerns that residents may have. She reported that a Committee had been formed to
discuss the possibility of bringing broadband type service to the City and other areas
that may not meet the density requirements.
Moved by Smith, seconded by Weir, to approve a resolution authorizing Lake
Minnetonka Communications Commission to acquire property at 4071 Sunset Drive,
Spring Park, MN. Motion passed unanimously.
D. Alcohol Consumption and Display Permit — American Legion Post # 394
Adams reported that the Hamel American Legion had requested a permit for alcohol
consumption and display for the Memorial Day Weekend.
Moved by Smith, seconded by Weir, to approve alcohol consumption and display permit
for Hamel American Legion. Motion passed unanimously.
E. Discussion Regarding Garbage Enclosure at City Hall
Smith stated that the garbage and recycling containers for City Hall are currently in the
open and she thought that with the new zoning area, the containers should be enclosed.
She suggested that bids be obtained for the project.
Crosby agreed that the trash containers should be enclosed.
Smith thought that the project should be completed this year.
Moved by Smith, seconded by Weir, to direct staff to research the issue of trash and
recycling enclosures. Motion passed unanimously.
X. CITY ADMINISTRATOR REPORT
A. Uptown Hamel Monument Sign
Adams displayed pictures of the possible location for the Uptown Hamel monument
sign.
Smith questioned if the railroad sign could be moved slightly.
Adams explained that the railroad sign must be in a certain distance to the tracks.
Kellogg did not think that the railroad sign could be moved as it was a requirement for
the whistle free zone.
Crosby was concerned that the sign would get lost in the background.
Weir suggested using a light background on the sign to help the sign stand out from the
background.
Smith thought that the sign would stand out more when developed, rather than the
pictures shown.
Adams reported that staff is obtaining quotes for the project and would bring the
information back to the Council.
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Crosby questioned if the pictures should be shown to the Uptown Hamel group to
ensure that it met their expectations. Adams stated it would.
Weir questioned if the sign would be lit during the evening.
Adams stated that staff could review that option.
B. Hamel Road Reconstruction Utility Box Location
Scherer stated that he has spoken with Xcel Energy in regard to the utility boxes along
Hamel Road and the possibility of moving or lowering the boxes. He reported that there
are other utilities under the box, which would not make lowering an option. He stated
that moving the boxes slightly would cost $10,000 per box. He requested $500 to add
plantings near the boxes to improve the appearance and suggested it would be money
well spent.
Smith confirmed that the plantings would be done by the same person who is doing the
work to screen in the park.
C. 2008 Annual Report
Adams reported that he made the changes requested by Council. He stated that if
approved, the report would be placed online tomorrow for public viewing. He stated that
staff recommends purchasing a small binding machine for about $270, which would
allow staff to bind the document and other City documents themselves. He explained
that staff uses three-ring binding on other documents and the new machine would pay
for itself in cost savings in about one year.
Moved by Smith, seconded by Weir, to accept the annual report and authorize the
purchase of a binding machine. Motion passed unanimously.
X. MAYOR & CITY COUNCIL REPORTS
Adams summarized a few items regarding State legislation including the extension of
the Tax Increment Financing 5-year rule, judicial court announcement that court
closures are unlikely to occur in 2009 and proposed Federal legislation for the Highway
55 Corridor funding.
Smith reported that the owner of Delano Chevrolet and Honda Sports was present at the
Northwest League meeting and briefly reviewed the discussion held regarding
construction and local businesses. She advised that a legislation update would be given
at the June meeting of the Northwest League.
Weir reported that more people were attending the Uptown Hamel meetings.
Crosby stated that he had a couple discussions with a resident to address a concern
regarding the new water meter options. He stated that he would address the issue
further with Scherer.
Scherer thought that the cost would be about $800 for the separate meter with
installation.
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Xl. APPROVAL TO PAY THE BILLS
Moved by Smith, seconded by Weir, to approve the bills, EFT 000471-000478 for
$27,132.88 and order check numbers 033979-034048 for $76,559.91, and payroll check
numbers 020202 for $230.87 and EFT 502037-502067 for $44,027.80. Motion passed
unanimously.
XII. CLOSED SESSION: ACQUISITION OF PROPERTY
The meeting was recessed to Closed Session to discuss acquisition of property at 1600
Prairie Drive and parcels 3365 to 3375 Mill Drive at 8:35 p.m. Motion passed
unanimously.
The Council returned to open session at 9:05 p.m.
Crosby announced that direction had been provided to the City Administrator for
acquisition of property on the parcels discussed in closed session.
XIII. ADJOURN
Moved by Smith, seconded by Weir, to adjourn the meeting at 9:06 p.m. Motion
passed unanimously.
T.M. Crosby, Jr., Ma or 9
Attest:
Z,A 41-
Chad M. Adams, City Administrator -Clerk
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Medina City Council Meeting Minutes
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153
ORDER CHECKS April 17, 2009 - April 30. 2009
033979 GLENWOOD INGLEWOOD $275.90
033980 VOID $0.00
033981 VALVOLINE FLEET SERVICE- $161.15
033982 NAPA AUTO PART.. $221.24
033983 OFFICE OF CHILD SUPPORT $332.31
033984 CULLIGAN-METRO $31.10
033985 GOODIN CO $123.13
033986 SAMS CLUB $301.39
033987 ACCLAIM BENEFITS- $119.70
033988 ACCURATE RADAR SPECIALTIES $280.00
033989 ACCURINT $44.50
033990 ADAMS PEST CONTROL INC $105.44
033991 ALLSTAR ELECTRIC $753.06
033992 AMERICAN SUPPLY GROUP $146.96
033993 AMERIPRIDE LINEN & APPAREL $118.18
033994 ASSN OF METROPOLITAN CITIES $50.00
033995 ASSN OF RECYCLING $20.00
033996 ASSURANT $530.74
033997 BAILEY NURSERIES, INC $4,657.49
033998 BRYAN ROCK PRODUCTS $531.82
033999 CENTERPOINT ENERGY $456.24
034000 CHARLES CUDD LLC $35.66
034001 CIPHER LABORATORIES INC $1,914.81
034002 CVS WHOLESALE FLAGS $169.45
034003 DITTER, INC $672.54
034004 EGAN COMPANY $307.25
034005 EHLERS & ASSOC INC $2,185.00
034006 ELAN FINANCIAL SERVICE $1,358.83
034007 ESS BROS. & SONS, INC. $3,876.60
034008 FRONTIER $56.91
034009 GALLS, INC. $102.73
034010 GOPHER STATE ONE CALL INC $387.30
034011 HAGEN CHRISTENSEN & $960.00
034012 HAMEL BUILDING CENTER $79.10
034013 HAWKINS INC. $2,546.37
034014 HD SUPPLY WATERWORKS $5,201.85
034015 HECKSEL MACHINE INC. $797.37
034016 HENN COUNTY INFO TECH $785.00
034017 HENN COUNTY SHERIFF (JAIL) $75.00
034018 HENRYS WATERWORKS INC $3,147.59
034019 HOSTINGMINNESOTA.COM $47.86
034020 J.R.S ADVANCED RECYCLERS $915.00
034021 KRAEMER MINING AND $1,982.93
034022 LARSON COMPANIES INC $3,512.57
034023 LAW ENFORCEMENT LABOR $336.00
034024 MEDIACOM OF MN LLC $45.95
034025 MET COUNCIL ENVIRO $17,863.11
034026 MOTHERS MOTORS/LORETTO $20.00
034027 NELSON ELECTRIC MOTOR $2,176.00
034028 NORTH AMERICAN PRAIRIES $150.00
034029 NORTHERN TOOL & EQUIPMENT $432.68
034030 OFFICE DEPOT $172.18
034031 OFFICE OF ENTERPRISE TECH $5.00
034032 ON SITE SANITATION $249.48
034033 OUT BACK NURSERY INC $609.71
034034 PEARSON BROS., INC. $2,500.00
034035 PRUDENTIAL INSURANCE CO. $618.04
034036 QWEST $591.30
034037 ST JOSEPH EQUIPMENT INC $1,624.13
034038 SUN PRESS & NEWSPAPERS $194.76
034039 TALLEN & BAERTSCHI $3,917.85
034040 TESSMAN COMPANY $172.59
034041 TIME SAVER OFFSITE SEC $188.75
034042 T-MOBILE $31.64
034043 TOLL GAS & WELDING SUPPLY $9.87
034044 TWIN CITY WATER CLINIC INC $130.00
034045 VALLEY NATL GASES $51.12
034046 WILSON DEVELOPMENT SVCS $101.00
034047 XCEL ENERGY $3,960.90
034048 XEROX CORPORATION $29.78
Total Order Checks $78,559.91
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154
E-CHECKS May 1. 2009 — May 19, 2009
000471E CITY OF MEDINA $683.34
000472E ACCLAIM BENEFITS LLC $839.67
000473E PR PERA $10,737.51
000474E PR FED/FICA $11,398.75
000475E PR MN Deferred Comp $900.00
000476E PR STATE OF MINNESOTA $2,533.61
000477E FARMERS STATE BANK OF $20.00
000478E CITY OF MEDINA $20.00
Total Checks $27,132.88
PAYROLL DIRECT DEPOSIT May 1, 2009 — May 14, 2009
502037 SIITARI, MIKE $190.87
502038 ADAMS, CHAD M. $2,764.71
502039 BARNHART, ERIN $1,372.96
502040 BELLAND, EDGAR J. $2,582.13
502041 BOECKER, KEVIN D. $2,267.81
502042 CONVERSE, KEITH A. $1,959.99
502043 CROSBY, THOMAS M. JR $327.07
502044 DAY, JEANNE M $2,059.36
502045 DINGMANN, IVAN W. $1,834.13
502046 DOMINO, CHARMANE $1,387.92
502047 DRESSEL, ROBERT P. $1,447.71
502048 FINKE, DUSTIN D $1,787.98
502049 GALLUP, JODI M $1,375.07
502050 GREGORY, THOMAS $1,831.58
502051 HALL, DAVID M. $1,932.90
502052 JESSEN, JEREMIAH S $1,151.61
502053 KLAERS GROTHE, ANNE M. $555.00
502054 LANE, LINDA $1,271.04
502055 LEUER, GREGORY J. $1,552.72
502056 MAROHNIC, NICHOLAS $530.31
502057 MCGILL, CHRISTOPHER R. $1,800.52
502058 MCKINLEY, JOSHUA D $572.06
502059 NELSON, JASON $2,139.39
502060 PETERSON-DUFRESNE, DEBRA $1,322.76
502061 PORTINEN, TERI $1,272.91
502062 REINKING, DEREK M $1,457.39
502063 SCHERER, STEVEN T. $1,845.21
502064 SMITH, CAROLYN A. $230.87
502065 VIEAU, CECILIA M. $1,100.34
502066 VINCK, JOHN J. $1,641.74
502067 WEIR, ELIZABETH V $461.74
Total Payroll Direct Deposit $44,027.80
PAYROLL CHECKS April 17, 2009 — May 14, 2009
020202 JOHNSON, DANIEL $230.87
Total Payroll Checks $230.87
Medina City Council Meeting Minutes
May 19, 2009