HomeMy Public PortalAbout07/06/2010 CCM165
MEDINA CITY COUNCIL MEETING MINUTES OF JULY 6, 2010
The City Council of Medina, Minnesota met in regular session on July 6, 2010 at 7:03
p.m. in the City Hall Chambers. Acting Mayor Smith presided.
I. ROLL CALL
Members present: Johnson, Siitari, Smith, and Weir.
Members absent: Crosby.
Also present: City Attorney Sarah Sonsalla, City Engineer Tom Kellogg, Police Chief
Ed Belland, City Planner Dusty Finke, Public Works Superintendent Steve Scherer, City
Administrator Chad Adams 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 June 15, 2010 Special City Council Meeting Minutes
Moved by Siitari, seconded by Johnson, to approve the June 15, 2010 Special City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the June 15, 2010 Regular City Council Meeting Minutes
It was noted on page six, line 33, it should state: "...to ssheduie reschedule a the
special regular meeting..." On page six, line 43, it should state, "...technology. The
Council questioned the cost and financing of such a network." On page six, line 47, it
should state, "...by the organization this sef fall..."
Moved by Siitari, seconded by Johnson, to approve the June 15, 2010 Regular City
Council meeting minutes as amended. Motion passed unanimously.
C. Approval of the June 30, 2010 Special City Council Meeting Minutes
It was noted on page two, under Staff Compensation and Resources, following the last
statement, it should state, "The Council agreed to direct staff to discuss the rate
increases with the Union." On page three, under GASB Statement 45, the third line, it
should state, "...other states are paying for or subsidizing payments for subsidized post
retirement payments under conditions..."
Moved by Weir, seconded by Siitari, to approve the June 30, 2010 Special City Council
meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Accept $500 Donation from Loretto Lions Club
B. Accept $100 Contribution from Hamel Lions Club
Medina City Council Meeting Minutes
July 6, 2010
166
C. Approve Agreement by and between Hennepin County, Independent
School District #281 and the City of Medina Consent of Assignment of
Contract No. A052282
D. Approve Services Agreement with Southwest Assessing (Rolf Erickson)
E. Approve Services Agreement to Prepare 2010 Audited Financial Statements
with Abdo, Eick, and Meyers, LLP
G. Approve Water Storage Tank/Clarifier Services Agreement
H. Approve Electric Handicap Door Operator System Installation Services
Agreement with Assured Security, Inc.
I. Approve First Amendment to Development Agreement (for Keller Estates
Sub -division)
J. Resolution Granting Preliminary Plat Approval for Leawood Farms 3rd
Addition
K. Resolution Recognizing John Vinck for Five Years of Service to the City of
Medina
Adams asked to remove item F (Approve Demolition and Removal Services Agreement
with Schoening Excavating, Inc) from the consent agenda.
Moved by Johnson, seconded by Weir, to approve the consent agenda. Motion
passed unanimously.
F. Approve Demolition and Removal Services Agreement with Schoeninq
Excavating, Inc.
Adams noted that legal counsel had noted that a statement should be included in the
agreement which states that at the end of the scope of services the contractor should
dispose of the material as directed by law, including current or pending environmental
requirements.
Johnson questioned if the City would be liable in regard to the disposal of any
hazardous materials and wanted to ensure that environmental regulations regarding the
disposal were being met.
Scherer explained that he has discussed the disposal of a few existing barrels of fuel
and oil with local service providers and didn't believe there was any concern.
Smith stated that she would like to see proof of the disposal, a slip from the site at which
the material is disposed of, to ensure that proper methods were used.
Moved by Johnson, seconded by Weir, to approve the demolition and removal services
agreement with Schoening Excavating, Inc., to include the disposal statement to comply
with environmental regulations. Motion passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Elm Creek Watershed Management Commission — Dick Picard
Medina City Council Meeting Minutes
July 6, 2010
167
Dick Picard provided a brief summary of the Elm Creek Watershed Management
Commission, including the member cities and size of the District. He noted that the
Commission meets the second Wednesday of each month at the Maple Grove City Hall
at 11:30 a.m. and advised the meetings are open to the public. He summarized the
projects in 2009 that would be of interest to the City of Medina, including Open Systems
International and the Hamel Legion Park Field House. He advised of the projects that
have been, and are still being, completed in 2010 within the City of Medina. He noted
the items that the Commission reviews in regard to proposed trail projects. He
summarized the interests of the Watershed District. He asked that City staff alert the
Commission when an item of interest is going to be presented to the Watershed District.
Weir thanked Mr. Picard for his services, as he does not live within the Elm Creek
Watershed, but agreed to assist the City of Medina as the City was lacking a
representative.
C. Park Commission
Park Commissioner Paul Jaeb noted that at the last meeting the Commission held a
long discussion regarding the possible installation of two portable bathrooms at Hamel
Field, requested by the athletic association and advised that the Commission
recommended approval. He stated that the Commission is also discussing the location
of the new park signs. He advised that the Commission reviewed the current park
dedication fund balance and the possibility of postponing some projects. He reported
that he attended the dedication of the Hamel Legion Park Field House, along with
several members of the Council. He noted that construction has begun on the Open
Systems International, Inc. project, and with the close proximity of his home, hoped that
the project would go as smoothly as the Loram project.
D. Planning Commission
Planning Commissioner John Anderson advised that the Commission had not met since
the previous Council meeting. He noted the items on the agenda tonight which the
Commission has recently discussed, and advised of the items that would be discussed
by the Commission at the meeting next week, including the Lennar "The Enclave of
Medina" project.
VII. OLD BUSINESS
A. Ordinance Related to a New Zoning District for Conservation Subdivision
Design; Adding New Sections 827.1 Through 827.75
Dan Petrik, City Planning Consultant with Barr Engineering, highlighted the proposed
changes to the Conservation Design Ordinance.
Weir suggested moving language related to protection of native hardwood forests to the
front of the objectives, since lakes and wetlands are protected by other regulations. She
also suggested language changes to better reflect the tone of the City, and asked for
further clarification in regard to hydric soils.
Petrik provided clarification regarding why the Council had decided to not subtract hydric
soils from the buildable area. He noted that clarification was given to low -impact
agricultural as a conservation area use. He advised that the Planning Commission
suggested the language, "at least 30 to 50 percent" to promote a higher rate. The
Medina City Council Meeting Minutes
July 6, 2010
168
Council agreed that the language should instead read, "at least 30 percent" as long as
the sentence states the Council can raise the requirement based on the site.
Petrik continued to review the ordinance changes with the Council, noting suggested
language and grammatical changes from the Council. He suggested updated language
on page six related to eligible easement holders.
Smith suggested that flexibility be provided in regard to community septic system
design.
Petrik provided specific language that could be added to the ordinance in regard to the
item Smith suggested. He accepted additional input from the Council in regard to
language and grammatical changes.
Weir requested that language be added to the Land Stewardship Plan section that
restoration measures may be required for invasive plant species.
Finke noted that the enforcement section provides the City authority to complete the
work and assess the cost back to the property owner if a violation is not corrected within
noted time. He advised that legal counsel suggested that the City add enforcement and
assessment abilities to the conservation easement and development agreement,
because statute does not list maintenance of conservation easements as one of the
specific costs which can be assessed to property. Finke advised that on page ten, a
subdivision could be added stating the City may consider shared septic systems with a
signed maintenance agreement, and he provided specific language that could be used.
The Council agreed that the language should be added.
Sonsalla provided a specified chapter in the State statutes that should be referenced
with regards to septic system regulations.
Finke advised that the new rules of the PCA have been postponed for an additional two
to three years due to the outcry from several Minnesota counties.
Ann Thies stated that she believed that the Council and staff addressed the previous
concerns of the Planning Commission and that it was a very workable document.
Moved by Weir, seconded by Johnson, to adopt the ordinance creating the
Conservation Design (CD-PUD) district, with the noted changes. Motion passed
unanimously.
1. Resolution to Publish Ordinance by Title and Summary
Moved by Weir, seconded by Johnson, to approve the resolution to publish the
conservation design ordinance by title and summary. Motion passed unanimously.
VIII. NEW BUSINESS
A. Ordinance Pertaining to the Timing of Growth and Development to be
Served by City Utilities Adding Section 825.34 to the Medina City Ordinance
Finke advised that this ordinance has been drafted to match the information in the
comprehensive plan and noted that a PUD would be required. He advised that the
Medina City Council Meeting Minutes
July 6, 2010
169
points system has been divided into the crucial criteria, the primary criterion, and the
secondary criterion. He noted that in order to even be considered, a project would need
to meet the crucial criteria. The primary items were proposed to be worth ten points,
and secondary items would each be given five points. Finke provided a map of the
staging and growth development, highlighting the properties which may be interested in
jumping forward in the next five years. He discussed the number of points that would be
needed for a property to jump forward in development, and the percentage of primary
and secondary items that would need to be met in order to obtain the needed points.
He advised that a public hearing was held by the Planning Commission, at which no
public comment had been received. He noted that prior to the public hearing, comments
were received in regard to whether added tax base should be a factor, and whether
there should be a fixed cost for a developer to go through the process of attempting to
jump ahead in development. He advised that staff was not in favor of a flat fee, so that
the cost for a developer to potentially jump ahead in the staging process does not
become the burden of the residents of Medina. He reviewed the proposed ordinance
page by page with the Council allowing for discussion on items in question.
Johnson suggested adding language on page three, item C1, adding water conservation
and renewable construction materials. The Council agreed that the item also in the
subdivision referencing LEED platinum projects, or its equivalent, should be a primary
item rather than secondary.
Smith suggested adding language specific to employment opportunities, noting that
additional consideration would be given to the quality of jobs and wages provided.
Siitari questioned the likelihood that a developer would want to go through this process
and whether anyone would be able to meet all the criteria specified.
Smith explained that the City staged the growth to ensure that the infrastructure of the
City would be able to support the new development. She advised that these criteria
would ensure that if a developer wanted to jump ahead in the staging process the
quality of the project would be high.
Weir stated that if item C1 were to be moved to a primary item she believed that the
required points to jump ahead should also be increased by ten points, from 40 to 50.
Siitari questioned whether affordable housing is possible with the price of land in the
City.
Johnson advised that it is more focused at high density as affordable housing is not
really a possibility in Medina.
VIII. CITY ADMINISTRATOR REPORT
A. Water Tower Signaqe
Adams provided three design proposal estimates for the application of the, City of
Medina, and possibly a logo, on the water tower. He advised that the price ranges
$4,200 to $7,400. He noted that staff could obtain additional quotes and questioned if
the Council wanted to move ahead with this project considering the budget constraints
with the water fund.
Medina City Council Meeting Minutes
July 6, 2010
170
Smith stated that with the cost she believed that this project could be delayed.
Weir commented that the language could be applied to only the Highway 55 side to
save funds but agreed that the project could be delayed due to the current budget
constraints. It was noted that the project could be completed when the water tower is
next painted.
B. Schedule Special Meeting — Budget Work Session
Adams provided possible dates for a special meeting for a budget worksession. He
noted that he would coordinate with the availability of the Council and the date could be
set at a later time.
Xl. MAYOR & CITY COUNCIL REPORTS
Adams advised that Finke had drafted a letter to Minnehaha Creek on behalf of the City
and asked that the Council review the document and provide any feedback.
Finke briefly reviewed the items referenced in the draft letter and the purpose for the
communication.
XII. APPROVAL TO PAY THE BILLS
Moved by Johnson, seconded by Weir, to approve the bills, EFT 000765-000775 for
$30,856.05 and order check numbers 035652-035713 for $383,964.43, and payroll
check 020232 for $418.64 and payroll EFT 502843-502867 for $41,113.92. Motion
passed unanimously.
XIII. ADJOURN
Moved by Weir, seconded by Johnson, to adjourn the meeting at 9:03 p.m. MJo ion
passed unanimously.
Carolyn A. Stith, Acting Mayor
Attest:
LcvUl.
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
July 6, 2010
171
0
0
ORDER CHECKS June 10.2010 - July 1.2010
035652 HENN COUNTY CONCILIATION $5.00
035653 XCEL ENERGY $7,208.96
035654 ROGER CURTIN $146,055.55
035655 DIANE EIDEN $76,637.76
035656 HENN COUNTY TAXPAYER $1,428.00
035657 HENN COUNTY TAXPAYER $6,327.59
035658 Office of Child Support Enforc $240.00
035659 AFLAC $149.46
035660 HARTFORD LIFE $523.85
035661 KONICA MINOLTA BUS. $602.16
035662 PITNEY BOWES $112.17
035663 AGGREGATE INDUSTRIES $683.87
035664 LAWSON PRODUCTS, INC $458.09
035665 QWEST $1,107.26
035666 VALVOLINE FLEET SERVICES $88.37
035667 ACCLAIM BENEFITS LLC $111.30
035668 ANCHOR PAPER COMPANY $408.80
035669 ASSURANT EMPLOYEE $513.83
035670 B&B PRODUCTS INC $6,650.03
035671 BARR ENGINERING CO $1,432.00
035672 BATTERIES PLUS $234.57
035673 BONESTROO INC $33,490.94
035674 CALIBRE PRESS $344.00
035675 CARLSON BUILDING SERVICES $671.26
035676 CIRCLE V SPECIALTIES, INC $3,652.99
035677 COLLISION CORNER $150.00
035678 DPC INDUSTRIES INC $3,118.68
035679 ELECTRON HERDERS $2,134.32
035680 ESS BROS. & SONS, INC $274.67
035681 FIRST STUDENT, INC. $202.50
035682 GALLS, AN ARAMARK CO $404.90
035683 GARY'S DIESEL SERVICE $193.13
035684 HAGEN CHRISTENSEN & $50.85
035685 HARMON AUTOGLASS $208.59
035686 HEALTHPARTNERS $27,133.30
035687 HENN COUNTY TAXPAYER $1,056.01
035688 HENRYS WATERWORKS INC $832.39
035689 CHRISTOPHER P KANE $5,000.00
035690 KD & COMPANY $150.69
035691 KELLY'S WRECKER SERVICE $187.04
035692 KENNEDY & GRAVEN $18,859.32
035693 LAW ENFORCEMENT LABOR $336.00
035694 LEAGUE OF MINNESOTA CITIES $100.00
035695 MEDINA WILLOW BUSINESS $1,000.00
035696 METRO WEST INSPECTION $1,470.25
035697 MIDWEST ASPHALT $408.69
035698 MN BUREAU OF CRIMINAL $100.00
035699 MORRIS ELECTRONICS INC $1,404.00
035700 OFFICE DEPOT $94.46
035701 CITY OF PLYMOUTH $134.61
035702 PROJECT ONE $15,485.00
035703 ROLF ERICKSON $6,414.92
035704 SANDRA J RUNNER -HART $15.00
035705 SCHARBER & SONS, INC. $24.24
035706 SCHOENING EXCAVATING INC $1,080.00
035707 SPRINT $868.68
035708 ST JOSEPH EQUIPMENT $1,917.55
035709 STREICHER'S $37.75
035710 SUN PRESS & NEWSPAPERS $920.04
035711 TIMESAVER OFFSITE $293.75
035712 WATER CONSERVATION $271.00
035713 WHCEA $2,494.29
Total Order Checks $383,964.43
Medina City Council Meeting Minutes
July 6, 2010
172
E-CHECKS June 10, 2010 - July 1, 2010
000765E ACCLAIM BENEFITS LLC $3,327.62
000766E MINNESOTA, STATE OF $311.00
000767E PR PERA $10,339.66
000768E PR FED/FICA $10,267.58
000769E PR MN Deferred Comp $1,075.00
000770E PR STATE OF MINNESOTA $2,323.81
000771E CITY OF MEDINA $18.00
000772E FARMERS STATE BANK OF $20.00
000773E ACCLAIM BENEFITS LLC $1,002.53
000774E FARMERS STATE BANK OF $35.00
000775E ACCLAIM BENEFITS LLC $2,135.85
Total Order Checks $30,856.05
PAYROLL DIRECT DEPOSIT June 10, 2010 — July 1.2010
502843 ADAMS, CHAD M. $2,762.72
502844 BARNHART, ERIN A $1,371.24
502845 BELLAND, EDGAR J. $2,502.88
502846 BOECKER, KEVIN D. $1,897.91
502847 CONVERSE, KEITH A. $1,689.17
502848 COONEY, DALE T. $766.77
502849 DAY, JEANNE M. $2,110.34
502850 DINGMANN, NAN W. $1,801.65
502851 DOMINO, CHARMANE $1,674.04
502852 FINKE, DUSTIN D $1,806.92
502853 GALLUP, JODI M. $1,365.01
502854 GREGORY, THOMAS $1,973.46
502855 HALL, DAVID M $1,783.11
502856 JESSEN, JEREMIAH S. $1,309.33
502857 KLAERS GROTHE, ANNE M $586.53
502858 LANE, LINDA $1,271.83
502859 LEUER, GREGORY J $1,542.62
502860 MCGILL, CHRISTOPHER R. $1,593.47
502861 NELSON, JASON $2,457.72
502862 PETERSON-DUFRESNE, DEBRA $1,291.78
502863 PORTINEN, TERI $1,260.42
502864 REINKING, DEREK M $1,432.30
502865 SCHERER, STEVEN T. $1,901.00
502866 VIEAU, CECILIA M. $1,086.60
502867 VINCK, JOHN J. $1,875.10
Total Payroll Direct $41,113.92
PAYROLL CHECKS June 10, 2010 — July 1, 2010
020232 JOHNSON, BRENNAN $418.64
Total Payroll Checks $418.64
Medina City Council Meeting Minutes
July 6, 2010