HomeMy Public PortalAbout08/04/2010 CCM185
MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 4, 2010
The City Council of Medina, Minnesota met in regular session on August 4, 2010 at 7:00
p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Johnson, Siitari, Smith, and Weir.
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, City Planner Dusty
Finke, Public Works Superintendent Steve Scherer, Assistant to City Administrator Jodi
Gallup, City Management Intern Dale Cooney, and Recording Secretary Barbara
Hughes.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
It was requested to pull item V.D. from the agenda.
Moved by Weir, seconded by Smith, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL OF MINUTES
A. Approval of the July 20, 2010 Special City Council Meeting Minutes
Crosby requested that the second paragraph on page 1 under III (Ag Preserve and
Payment in Lieu of Taxes (PILOT)) be clarified to state that discussion took place as to
whether a voluntary offer by an applicant might be accommodated and that such an
offer would be considered in more detail if it presented itself.
Weir questioned whether the reference to the "legal merits of requiring or requesting"
should be deleted.
It was the consensus of the City Council to delete the second paragraph on page 1
under item III.
Crosby asked staff to provide notice in the newsletter regarding the Council's work
session meetings.
Gallup agreed to post a notice in the newsletter regarding work session meetings. She
pointed out that the Council's annual meeting schedule is adopted at the beginning of
each year.
Crosby asked if the Council can take action at its work session meetings.
Batty explained that councils set their own rules, and many councils say that they will not
take action at work session meetings. He stated that the rules for work sessions are the
same as for regular meetings and whether the meeting is noticed in a newsletter or not,
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it is a public meeting, duly called, and is subject to the open meeting law. He added that
the City Council has established a regular work session meeting as its second meeting
of every month; this is considered a regular meeting and does not require special notice.
Gallup stated that work session meeting agendas are posted on the website and on the
board, and will be added to the newsletter.
Moved by Weir, seconded by Smith, to approve the July 20, 2010 Special City Council
meeting minutes as amended. Motion passed unanimously.
B. Approval of the July 20, 2010 Regular City Council Meeting Minutes
It was noted on page 2, line 5, it should state "were collected in the City and that number
increased to 32.53 tons in 2009, thanks in part to..."
It was noted on page 2, line 3, it should state "Smith stated that two young ladies in the
community took the initiative to improve participation in and promote the...
It was noted on page 4, line 36, it should state "the amount of $13,275 will be made by
the developer to the City by September 1, 2011 and the trees and plantings are required
to be planted by September 1, 2010."
It was noted on page 5, line 35, it should state "Moved by Smith, seconded by Johnson,
to thank Mayor Crosby and accept the donation from Mayor Crosby in..."
It was noted on page 6, lines 15 and 16, it should state "public service announcements
should be done as well as a message boards at Medina Entertainment Center and
Highway 55 Rental, along with notice posted on the City's website."
Moved by Weir, seconded by Johnson, to approve the July 20, 2010 Regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
Ceunty-Read-1-1-6srau
B. Approve Tree Trimming Services Agreement
C. Approve Seal Coating Services Agreement for City Trails
Association
E. Approve Fireworks Services Agreement for Medina Celebration Day
F. Approve Bingo Permit and Temporary On -Sale Liquor License to Holy
Name of Jesus Church for September 11-12, 2010
G. Resolution Approving Off -Site Gambling Permit to Hamel Lions Club at
3200 Mill Drive on September 25, 2010
Crosby asked to remove item V.A. from the Consent Agenda.
Moved by Weir, seconded by Johnson, to approve the consent agenda as amended to
pull item V.D. and remove item V.A. Motion passed unanimously.
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A. Approve Amendment No. 1 to Construction Cooperative Agreement for
County Road 116 Trail
Crosby requested clarification regarding the increased costs for the project and the
County's agreement to provide an additional $24,000 in funding.
Scherer explained that the project encountered additional costs due in part to the
County's increased regulations; the $24,000 amount is all that the County was willing to
provide. He added that the project is already included in the City's Capital Improvement
Projects budget and is paid via park dedication funds.
Moved by Crosby, seconded by Smith, to approve Amendment No. 1 to Construction
Cooperative Agreement for County Road 116 Trail. Motion passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Chris Hilberg advised that the Park Commission met on July 21st
and discussed the land use application from Lennar for the "Enclave of Medina" project.
He stated that the Commission was given a proposed park plan which is likely to
change, but which provides some guiding principles for the developer. He indicated that
the site plan shows the City can take 7.6 acres of land for park dedication, cash in lieu
of in the amount of $750,000, or a combination thereof; the Commission did not reach
consensus on park dedication fees but it is likely the City will take 6-7% of the land for
this purpose. He advised that the Commission was pleased with the amount of trails
proposed throughout the development, including a high priority trail along Hunter
between Hamel Road and Medina Road as well as an east -west trail connecting Hunter
Lions Park to Hamel Legion Park.
Smith noted that there was a lot of discussion regarding the wetland or pond on the
north side of the road and the Commission discussed the benefits of having the trail on
the north side so that it is not in the front yards of people living on the south side of the
street. She added the Commission believes the trail should be on the wetland side if
possible, without disrupting the wetlands.
Hilberg stated that the Commission also discussed the MUSA line and the developer
has proposed to establish an undeveloped conservation area in the eastern portion of
the site which would be protected without any consideration for park dedication; the
developer is asking for the ability to develop south of the MUSA line. He reported that
the Commission also discussed the Hunter Lions Park sign and staff is currently working
with them on placement of the sign. He stated that the Commission then discussed
wetland buffers and ways to educate residents about the importance of maintaining
wetland buffers, including posting educational materials on the City's website. He
advised that there will be a ribbon cutting and grand opening for the 116 trail on
September 25th at 3:00 p.m.; certificates of appreciation will be presented to the trail's
donors. He stated that the Commission reviewed the request of the Minnesota Umpires
Association to reduce the City's fees for rental of the baseball fields for its softball
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tournament on September 18 and 19; the Commission voted to recommend that the City
reduce its fees for this tournament to $60 per field per day, which is the amount charged
for youth tournaments and which appears to be more in line with what other
communities charge for this type of event.
Crosby noted that the Minnesota Umpires Association turned down the $60 per field per
day offer by the City.
C. Planning Commission
Finke reported that the Planning Commission will be meeting next week and the agenda
includes four public hearings on the rezoning of properties in the City; the rezoning is
part of the large rezoning project taking place in the City, consistent with the
Comprehensive Plan. He advised that staff is currently working on two rural subdivision
requests; the requests are incomplete at this time and will likely be reviewed at the
Commission's September 14th meeting. He indicated that the County has come in for
final approval of its proposed wind turbine. He added that the developer of the "Enclave
of Medina" project is working on its plans and this item may be heard at the September
14th Planning Commission meeting.
VII. NEW BUSINESS
A. City Gambling Regulations
Gallup advised that there were a number of legislative changes made in 2009 that
require the City to update its ordinances. She stated that the Council previously inquired
whether the City could require that 50% of all gambling proceeds be expended in the
City, rather than the trade area. She explained that Minnesota Statute 349.213, subd.
1(g) specifically states that cities can require a percentage of gambling proceeds to be
spent in the city's trade area; as a result, the current ordinance cannot be changed to
require that gambling proceeds must be expended in the City. She further explained
that because of the new requirement that makes all gambling licenses perpetual, staff
has added language stating that premises permits are granted for a perpetual term
bound by Section 315 of the Code of Ordinances as amended.
Batty advised that the statute precludes the City from granting premises permits on
anything other than a perpetual basis. He stated this language is not legally required,
but is helpful in terms of notice and the organization must comply with the law as it
exists. He added that the provision being added simply states that they are subject to
the City's Ordinance and that the Ordinance might change. He further added that the
City always retains its right to revoke a license for cause as outlined in Section 315.13.
Gallup pointed out that the City is not the licensing agent, but the State Gambling
Control Board requires a resolution from the City approving each organization for a
premises permit.
Seth Hoyt, 1382 Tamarack Drive, asked why this issue has come up now and also
asked if the City receives any portion of gambling proceeds.
Crosby replied that State law has changed requiring the City to amend its ordinances
consistent with State law. He stated that the City does not receive any monies from
charitable gambling proceeds, but noted that in the past, some of the proceeds have
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benefited the ball fields, so as a practical matter, the proceeds have come back to the
City. He requested that staff respond to Mr. Farrell's email of July 23, 2010.
1. Ordinance Amending Section 315 of the Code of Ordinances
Regarding Gambling
Moved by Weir, seconded by Smith, to adopt the ordinance amending Section 315 of
the code of ordinances regarding gambling. Motion passed unanimously.
2. Resolution to Publish the Gambling Ordinance Amendments by Title
and Summary
Moved by Weir, seconded by Siitari, to approve the resolution authorizing publication of
Ordinance No. 486 by title and summary. Motion passed unanimously.
3. Resolution Approving Premises Permit to the Hamel Lions Club to
Conduct Lawful Gambling
Moved by Smith, seconded by Weir, to approve the resolution approving premises
permit to the Hamel Lions Club to conduct lawful gambling. Motion passed
unanimously.
4. Resolution Approving Premises Permit to the Hamel Volunteer Fire
Department Relief Association to Conduct Lawful Gambling
Moved by Smith, seconded by Weir, to approve the resolution approving premises
permit to the Hamel Volunteer Fire Department Relief Association to conduct lawful
gambling. Motion passed unanimously.
5. Resolution Approving Premises Permit to the Loretto Lions Club to
Conduct Lawful Gambling
Moved by Smith, seconded by Weir, to approve the resolution approving premises
permit to the Loretto Lions Club to conduct lawful gambling. Motion passed
unanimously.
B. Municipal State Aid for Roadways
Crosby explained that Municipal State Aid (MSA) is available to cities with populations
over 5,000 and the City was recently notified that its population surpassed 5,000
persons, putting it in a position to receive MSA funds; staff has determined that the City
could be eligible for approximately $150,000-$200,000 beginning January 2011.
Scherer presented a map depicting proposed MSA roadways, and advised that needs
are based on a 20-year construction cycle and routes with the highest need along with
proposed routes generate the most revenue. He stated that staff prepared the map with
the intent to meet MSA connectivity requirements as well as to balance truck traffic in
the City.
Kellogg explained that in order to calculate eligible miles, you need to add up the total
mileage of local roadways, and a maximum of 20% of that amount is allowed to be
designated MSA. He stated that as staff went through the possible roadways and tried
to designate the maximum allowable mileage, staff felt that Hunter and Tamarack rose
to a level that made sense, but these roads could not be designated without support
from Orono; that designation would require Orono to revoke some mileage on some of
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its other roads in order to accommodate Medina and Orono has indicated they are
willing to look at it.
Crosby asked why Willow was not considered.
Scherer replied that Willow may require widening whereas Hunter and Tamarack are at
their 20 year cycle. He pointed out that the map can be changed as the City's needs
change, as long as the City has not used funds on a previously designated MSA road.
He added if monies were spent on Hunter or Tamarack, the roads would not have to be
widened and could simply be reclaimed.
Kellogg stated that the policy set forth by the State indicates if you do less than a full
reconstruct, there is the potential but no guarantee that you will be able to do a lesser
treatment and not have to meet a higher standard. He added that the City also has the
option of banking the MSA money up to three years.
The City Council discussed truck routes in the City and the impact of MSA roads on
truck traffic in the City.
Crosby stated the City has a significant financial issue related to roads, primarily
because there has not been a lot of financial planning completed for the City's roads,
and it will be important for the City to take advantage of available state aid funding and
to maximize that funding to the extent possible. He pointed out that the proposed MSA
designations are intended to not create a north -south route through the City.
Smith stated that the Council agreed to review possible MSA funding but did not feel
there was agreement among the Council that it might be worth $150,000 or $200,000 to
then be subject to having truck routes in the City. She urged the Council to carefully
consider all options before proceeding with the MSA funding and expressed concern
about truck routes through the City. She also expressed concern about Hunter Dr.
south being designated an MSA road.
Crosby asked if there would be a way to not designate Tamarack and Hunter Dr. south
as MSA roads.
Smith suggested designating Clydesdale, Chippewa, Meander, and Prairie as MSA
roads to keep the MSA designation in one area.
Kellogg indicated that in discussions with the State, staff has informed the State that the
Council will meet on August 17th and the City needs to submit a proposal for 2011
funding at that time; after that, the State will review the City's request, the State says
yes or no, and then the City has to go through a needs calculation and adopt a
resolution by November 1st.
Scherer advised that the City may have to leave some money on the table because the
City may not be able to meet the 20% maximum threshold.
Crosby stated that it appears the Council would like to pursue MSA funding without
disrupting the spirit of Medina, and that the Council would like to avoid any
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commencement of north -south routes through the City, and that the Council would like
to see MSA roads primarily in the northern areas of the City.
Madeleine Linck asked if Medina Road would be removed from consideration if
Tamarack is taken out of the equation.
Smith asked that staff submit a copy of the Comprehensive Plan to the State so that the
State is aware of the location of the City's ongoing development.
Weir asked if there is a plan to notify residents about the MSA funding since this
represents a significant change to all residents.
Stephanie Siitari, 1795 Medina Road, asked if staff is able to determine when the rest of
Medina Road would be designated an MSA road.
Kellogg stated that the State's formula is complicated and is based on total state aid
mileage, needs, etc.; the only way to add mileage is if you build new roads.
Madeleine Linck asked if the speed limits on MSA roads will be controlled by the City.
Crosby stated that if the City used MSA funds to reconstruct an MSA road, the State
might say that the speed limit has to be increased; however, the City always retains the
option of reconstructing a road using City funds.
Crosby stated that staff will prepare a revised map for Council's approval on August 17th.
Finke advised that residents can contact staff with any questions and the revised map
will be posted on the City's website by August 12th.
VII1. STAFF REPORT
A. Funding Programs for Protecting Natural Resources
Cooney presented an overview of natural resource funding programs that might be
available to the City, in response to the question posed at the last Council meeting
regarding utilizing Legacy Amendment funds for the removal of buckthorn. He advised
that it does appear that the City can access certain funds; these funds are subdivided
and pulled into grant funds administered by various State agencies. He reviewed the
Outdoor Heritage Fund, Clean Water Fund, Parks and Trails Fund, and Arts and
Cultural Heritage Fund. He stated that the City could apply for a competitive grant
through the Outdoor Heritage Fund; these funds may be used to restore, protect, and
enhance wetlands, prairies, forest and habitat for wildlife. He discussed the Clean
Water Fund and the TMDL grants program; this program is weighed heavily toward
waste water treatment projects and may be worth considering. He noted that the
Department of Natural Resources also has many grant programs not part of the Legacy
Amendment and it might be worth looking into some of those programs.
Crosby asked if the Park Commission should be charged with reviewing appropriate
grant programs.
Smith stated that she felt the City needs an Environmental Committee.
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Crosby suggested that the City Administrator and Public Works Superintendent review
this issue further and provide a recommendation to Council about how best to proceed.
He also requested that staff send a copy of Management Intern Cooney's memo to
Susan Seeland.
Xl. MAYOR & CITY COUNCIL REPORTS
Crosby stated that the Night to Unite events throughout the City last night were well
attended.
Weir stated that she attended a Night to Unite party on Lake Independence and a
resident indicated that a large lakeshore stabilization project has been completed, but
one of the properties which is a rental is not being maintained and a lot of the plantings
have died and there is a significant amount of erosion. She requested staff follow up on
the property and report back to the Council.
Scherer reported that an Eagle Scout is starting a project at Lakeshore Park involving
removal of buckthorn. He stated that compost will be delivered on Monday, and seeding
and blanketing on the slope toward the beach will be done. He added that signs will be
posted at the site.
Smith reported that the Northwest League of Minnesota Cities recently met and
discussed hosting a workshop called "Boundaries and Bridges." She explained that the
"boundaries" part is tied to selecting an effective leader for the city in dealing with people
that are difficult to deal with and the "bridges" part is about collaboration. She stated
that there was a speaker at the League of Minnesota Cities that will be invited to speak
at the workshop, tentatively scheduled for the second Wednesday in October; the free
workshop will be held at the Hennepin County Public Works Facility and will be open to
staff, Council, and all Commissions.
XII. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Johnson, to approve the bills, EFT 000785-000794 for
$35, 729.73 and order check numbers 035789-035838 for $264,061.35, and payroll
check 020235 for $594.50 and payroll EFT 502898-502923 for $43, 799.60. Motion
passed unanimously.
XIII. ADJOURN
Moved by Weir, seconded by Siitari, to adjourn the meeting at 8:50 p.m. Motion
passed unanimously.
T.M. Crosby, Jr., Mayor
Attest:
Jodi Gallup Assistant to City Administrator/Deputy Clerk
Medina City Council Meeting Minutes
August 4, 2010
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193
ORDER CHECKS July 18 2010 -July 29, 2010
035789 COMMERCIAL ASPHALT CO. $11,035.40
035790 EXXONMOBIL $140.25
035791 Office of Child Support Enforc $240.00
035792 PITNEY BOWES $112.17
035793 GMH ASPHALT CORP $133,158.46
035794 KONICA MINOLTA BUS. $602.16
035795 ABDO, EICK & MEYERS LLP $6,972.00
035796 ACCLAIM BENEFITS LLC $111.30
035797 AFLAC $149.46
035798 ALLINA OCC MED. NW 5685 $40.00
035799 ASSURANT EMPLOYEE $527.80
035800 BANYON DATA SYSTEMS $1,164.94
035801 BARR ENGINERING CO $1,478.00
035802 BONESTROO INC $29,045.26
035803 BURSCH BROS. $125.00
035804 WILLIAM BUSCH $500.00
035805 CARLSON BUILDING SERVICES $494.92
035806 EHLERS & ASSOC INC. $3,125.00
035807 MIKE AND LYNNE GARWOOD $4,400.00
035808 HAMEL'ELECTRIC, INC. $650.00
035809 HARTFORD LIFE $523.85
035810 HEALTHPARTNERS $26,466.16
035811 HENN COUNTY TREASURER $486.00
035812 THEODORE HILL $777.00
035813 HONEST AUTO LLC $506.31
035814 INTL ASSOC OF CHIEFS OF $495.00
035815 KELLY'S WRECKER SERVICE $160.32
035816 KENNEDY & GRAVEN $15,773.42
035817 LUNDELL, STEVE $73.69
035818 CITY OF MAPLE PLAIN $1,632.40
035819 MN COUNTY ATTORNEYS ASN $51.30
035820 VOID $0.00
035821 NELSON ELECTRIC MOTOR $200.00
035822 NORTHWEST HENNEPIN $200.00
035823 OFFICE DEPOT $77.33
035824 ORONO, CITY OF $3,592.59
035825 MARY PHILLIPS $500.00
035826 ROLF ERICKSON $6,244.12
035827 SCHARBER & SONS, INC. $8.33
035828 SCHOENING EXCAVATING INC $200.00
035829 SHI INTERNATIONAL CORP $2,141.79
035830 SPRINT $674.23
035831 DAN STRAND $4,663.47
035832 SUN PRESS & NEWSPAPERS $83.64
035833 TIMESAVER OFFSITE $188.75
035834 UNIFORMS UNLIMITED $1,456.77
035835 VALLEY NATL GASES LOC93 $102.71
035836 CITY OF WAYZATA $20.00
035837 WEST SIDE REDI MD( $245.81
035838 WHCEA $2,444,24
Total Checks $264,061.35
Medina City Council Meeting Minutes
August 4, 2010
194
E-CHECKS July 16.2010 - July 29. 2010
000785E PR FED/FICA $10,956.24
000786E PR MN Deferred Comp $1,175.00
000787E PR PERA $11,009.02
000788E PR STATE OF MINNESOTA $2,489.13
000789E FARMERS STATE BANK OF $20.00
000790E CITY OF MEDINA $20.00
000791E MINNESOTA, STATE OF $2,159.00
000792E ACCLAIM BENEFITS LLC $2,784.36
000793E ACCLAIM BENEFITS LLC $3,039.96
000794E DELTA DENTAL $2,077.02
Total Order Checks $35,729.73
PAYROLL DIRECT DEPOSIT July 16, 2010 —July 29, 2010
502898 ADAMS, CHAD M $2,762.72
502899 BARNHART, ERIN A $1,371.24
502900 BELLAND, EDGAR J. $2,502.88
502901 BOECKER, KEVIN D $2,334.46
502902 CONVERSE, KEITH A. $2,034.72
502903 COONEY, DALE T. $715.79
502904 DAY, JEANNE M. $2,038.34
502905 DINGMANN, IVAN W. $1,607.16
502906 DOMINO, CHARMANE $1,675.61
502907 FINKS, DUSTIN D $1,806.92
502908 GALLUP, JODI M. $1,365.01
502909 GLEASON, JOHN M $1,553.20
502910 GREGORY, THOMAS $1,982.65
502911 HALL, DAVID M $2,286.25
502912 JESSEN, JEREMIAH S. $1,485.29
502913 KLAERS GROTHE, ANNE M. $586.53
502914 LANE, LINDA $1,271.83
502915 LEUER, GREGORY J $1,760.35
502916 MCGILL, CHRISTOPHER R. $1,852.63
502917 NELSON, JASON $1,942.68
502918 PETERSON-DUFRESNE, DEBRA $1,291.78
502919 PORTINEN, TERI $1,240.74
502920 REINKING, DEREK M $1,432.30
502921 SCHERER, STEVEN T $1,901.00
502922 VIEAU, CECILIA M $1,086.60
502923 VINCK, JOHN J. $1,910.92
Total Payroll Direct $43,799.60
PAYROLL CHECKS July 16.2010 — July 29, 2010
020235 JOHNSON, BRENNAN $594.50
Total Payroll Checks $594.50
Medina City Council Meeting Minutes
August 4, 2010