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MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 21, 2010
The City Council of Medina, Minnesota met in regular session on September 21, 2010 at
7:00 p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Johnson, Siitari, and Smith.
Members absent: Weir
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, City Planner Dusty
Finke, 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
Crosby summarized the discussion of the worksession for Smith as she was not present
at the worksession.
It was requested to add two items, Discussion of 2011 Proposed Budget Flyer and
Schedule Special Meeting for October 5, 2010 to Discuss Employee Compensation, to
New Business.
Moved by Johnson, seconded by Siitari, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL OF MINUTES
A. Approval of the September 7, 2010 Special City Council Meeting Minutes
It was noted on page two, the second paragraph, it should state: "...that the step
increase which occurred for seme employees is based on their length..." On page two,
the first paragraph, this statement should be added, "In addition six stores were closed
and 60 employees were laid -off."
Moved by Johnson, seconded by Siitari, to approve the September 7, 2010 Special City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the September 7, 2010 Regular City Council Meeting Minutes
It was noted on page three, line 32, it should state: "...to provide a break to attempt to
not increase City taxes for the residents" On page three, line 38, it should state, "staff
should not receive aft a salary increase and should be satisfied to simply have jobs at
this time." On page three, line 50, it should state, "...is cut further there wilknay be..."
Moved by Smith, seconded by Johnson, to approve the September 7, 2010 Regular City
Council meeting minutes as amended. Motion passed unanimously.
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222
V. CONSENT AGENDA
A. Accept Donation to Police Reserves from Liberty Triathlon in Amount of
$3,360 and Authorize Distribution to Area Agencies
B. Approve 2011 Lake Minnetonka Communication Commission Budget
C. Approve First Amendment to Development Agreement (for Keller Estates
Subdivision)
D. Approve Well No. 3 Repair and Services Agreement with Bergerson-
Caswell. Inc.
EApprove Crerlif Card Seryines Agreement with_Paymenf Ser,iines Network
kw.
F. Approve Spray Iniection Patching Services Agreement with RCM
Specialties, Inc.
G. Approve Equipment (Copier) Lease Agreement with Marco, Inc.
H. Approve Equipment (Copier) Services Agreement with Marco, Inc.
I. Resolution Certifying Delinquent City Charges for Services to the Hennepin
County Auditor for Collection in 2011
J. Resolution Canceling 2008A Improvement Bond Levy
Crosby asked to remove item E, Approve Credit Card Services Agreement with
Payment Services Network Inc., from the consent agenda.
Moved by Johnson, seconded by Siitari, to approve the consent agenda. Motion
passed unanimously.
E. Approve Credit Card Services Agreement with Payment Services Network
Inc.
Crosby stated that there are various costs and charges that the City is going to incur,
and asked for further clarification.
Day explained that there is still an expense to the City to provide this service. She
advised that savings would be provided for that service throughout the period of this
agreement.
Smith stated that it seemed unfair that the additional cost should be spread across to all
users rather than simply charging those who choose to use a credit card.
Day advised that the direction of the Council was previously not to charge a
convenience fee and to instead use this method.
Crosby confirmed that the direction of the Council is still to not charge a convenience
fee and continue in this method.
Moved by Johnson, seconded by Siitari, to approve credit card services agreement with
Payment Services Network Inc. Motion passed 3-1. (Smith)
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
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B. Park Commission
Park Commissioner Bill Waytas stated that an Eagle Scout requested to build a shelter
at Holy Name Park as a part of his final scout project and presented information to the
Commission at the meeting. Eagle Scouts are required to raise funds for their projects
and those projects should not be funded by the City.
Crosby expressed his concern with opening City projects to Eagle Scouts, unless
regulated, projects within park plans requiring, among other things continuing
maintenance might be costly.
Smith stated that this student was requesting funds from the City, approximately $6,000,
for a project that is not included on the CIP.
Johnson stated that he believed a policy and formal process should be developed to
handle these types of requests.
Waytas reported that the County Road 116 Trail grand opening will occur this weekend.
He provided an update regarding a development where park dedication was reviewed
and noted that the Commission is recommending that the fee schedule remain the same
for the ball fields, with the exception of an additional field house bathroom cleaning fee.
C. Planning Commission
Finke provided an update for the prior meeting including a public hearing which ending
with the Commission recommending approval for a lot split within a development
(Carlson), which would be discussed by the Council on October 5th. He reported a
second public hearing occurred regarding an ordinance for the appeal process for
conservation design, which was recommended for approval by the Commission. He
summarized the items that would be discussed at the next meeting of the Planning
Commission.
VII. OLD BUSINESS
A. Municipal State Aid Roadway Map Amendment
Adams stated that through discussions with MNDOT and Corcoran it was determined
collaborating with Corcoran on MSA routes benefited both communities and noted
proposed changes to the map.
Moved by Smith, seconded by Siitari, to approve the amended MSA roadways route in
Medina. Motion passed unanimously.
VIII. NEW BUSINESS
A. German Liberal Cemetery
1. Ordinance Adding Section 530 to the City Code Establishing the
German Liberal Cemetery and Regulating the Maintenance and Use
Crosby provided background information on this item and how the City became involved
in the discussion with German Liberal Cemetery. He summarized the discussions that
the City has had up to this point regarding the cemetery.
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Adams noted that action is not expected tonight on this item and advised the action
would instead occur at the October 5th Council meeting. He summarized the changes,
including those proposed by legal counsel, and asked for Council input.
Crosby confirmed that certain language was added to the document by legal counsel.
Batty explained that the cemetery is excluded from some statutes because of the age of
the cemetery and clarified the added language.
Johnson stated that he would like tiered pricing for residents and non-residents.
Batty explained how language from the two statutes (306.15 and 306.29) could be
added into the ordinance.
Adams asked for input regarding the decoration policy.
Crosby reviewed the decoration policy and compared the proposed policy to that of four
other cemeteries.
Smith stated that although she has sympathy for those who spoke before the Council,
as to their desire to leave items for their loved ones, she also believed that the City has
a responsibility to the residents that live near the cemetery.
Adams stated that the new language does allow additional flexibility and more
accurately reflects the intent of, and what is occurring at, the cemetery today.
Johnson stated that he believed the rules from the Oakland Cemetery did a good job, as
the rules provided flexibility to the families but also give authority to the cemetery.
Smith stated that she believed standard size of a plant stand should be further defined.
Crosby stated that solar lights and lanterns should not be permitted, along with balloons,
and confirmed that the Council was in agreement. He believed that there should be a
combination of the previously drafted policy and this proposed policy.
Jim Lane, 2605 Hamel Road, stated that he lives immediately east of the cemetery and
applauded the City for its willingness to take the cemetery over from the current
association. He suggested that things such as decorations be reflected in rules and
regulations of the cemetery rather than committed to ordinance. He believed the City
should consider traffic safety, parking for cemetery events, and consideration of
governance policy. He also suggested establishing a Board which could be composed
of neighbors, previous association members and families of the cemetery, and stated
that he would be open to providing his input should the City be interested.
Batty stated that the ordinance should set general direction and advised that further
specifications could be laid out in regulations. He explained that items in the regulations
could then be tweaked without an ordinance amendment.
Jim Lane stated that he would also encourage the City to address the responsibility of
the City to address damage to private property which occurs during cemetery events.
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After discussion the Council agreed that the major operating points of the cemetery
should be included in the ordinance.
Bob Franklin, 4819 Lakeshore Avenue, stated that German Liberal is a beautiful
cemetery. He confirmed that the cemetery is small and parking is an issue. He
suggested that the Council be as permissive as the current association to respect the
families of those buried at the cemetery. He stated that the City may gain additional
volunteers, from those families, to care for the cemetery if freedom for some decoration
is given. He also believed that the decorations may allow additional benefit to the
grieving families. He stated that funerals are often called celebrations of life and stated
that the celebration does not necessarily have to stop at the church. He suggested that
the City be reasonable and if problems arise the regulations could be tweaked in the
future.
Kent White, member of the German Liberal Cemetery Board, stated that when the
members voted to approve the transfer of the cemetery to the City it was believed that
the transfer should be almost invisible and the members should not see huge changes
to day to day management, such as decorations. He advised that most people chose
the cemetery because of the current management practices, including decorations. He
stated that the current decoration policy has worked for the past five years and noted
that the Board put a lot of work into that policy. He stated that GLC is very small and did
not believe that a very restrictive policy would fit with this cemetery, as it would for a
larger cemetery. He did not believe that mowing should be the main concern when
considering decorations. He noted that the cemetery is screened on all four sides and
believed that the City should be more sensitive to the needs of the families who have
members buried at the cemetery. He advised that the metal plant stand is the standard
model sold at stores and noted that the cemetery has not had any problems with
unusual stands. He asked that the Council respect the decoration policy in place.
Smith questioned if he had a copy of the decoration policy from when his lot was
purchased.
Crosby stated that he is quite familiar with the cemetery and has been involved in clean-
up crews at the cemetery. He stated that the City must think this process through
because of the unique location and proximity to neighboring landowners.
Adams noted that staff would compose a draft which would be posted on the City
website in the next few days, and reviewed the changes suggested by the Council for
the draft document. He noted that this item would come back before the Council at the
next meeting, October 5th.
B. Conservation Design and Open Space Report
Finke advised that this item had been recently discussed and provided background
information. He advised that the appeal process had not previously been included in the
ordinance and summarized the proposed process. He noted an addition suggested by
the Planning Commission, which was more specific language, and advised that staff
would not be in favor of the more narrower application of the ordinance.
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Crosby stated that he agreed with the staff recommendation of not using the more
specific language, and confirmed that the Council agreed with that language.
Finke advised that another ordinance would follow which would address the fee
schedule for this appeal process.
Jennifer Haskamp, representing Stone Gate Farms, confirmed that a resident who finds
the information on the composite map to be incorrect can dispute that information with
staff. She suggested better placement for that item within City ordinance, such as near
the wetlands ordinance.
Finke commented that while the item could be better located in another location the item
is located most logically in the proposed location and serves the purpose at the present
time.
Batty commented that anytime a decision is made which someone does not like an
appeal could be made to the Board of Zoning and Adjustment.
Jennifer Haskamp questioned what specific information could be appealed, and whether
the natural resource data could be appealed, as that information fuels the composite
map.
Finke explained that information is already specifically addressed in the ordinance, the
composite map and the information contained in the map can be appealed.
Jennifer Haskamp questioned how agencies which use the information from the
composite map would be notified should errors be found in the data.
Finke stated that there is not a clear answer to that question. He advised that the
composite map is map 7.2 within the comprehensive plan. He advised that the zoning
map, 7.1, and CIP map, 7.3, are amended regularly but those changes are not updated
into the comprehensive plan. He stated that the composite map is a reference in the
comprehensive plan, and noted that the City could send an updated composite map to
the Metropolitan Council, which could be included in the plan.
The Council expressed agreement that the City should cooperate with an applicant in
advising other advisory bodies of any changes in the maps or other findings of the City.
Jennifer Haskamp stated that without updating all of the agencies which received and
commented on the comprehensive plan there is no tangible benefit for someone to go
through the appeal process rather than going through a comprehensive plan
amendment process. She stated that while she agreed that a reasonable application
fee should be set, she did not think that the applicant should be liable for the fee for a
consultant. She commented that the applicant should not be liable for a mistake made
by the City.
Crosby stated that the cities use their best judgment to collect this information and did
not believe that mistake was the correct term. He confirmed that the evaluation work
was done not by the City, but by an independent professional. He used the example that
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a map is presumed to be correct and if someone has a different belief it can be funded
by that person to appeal the decision and make that change.
Johnson agreed that if an applicant chooses to appeal that appeal would be funded by
the applicant.
1. Ordinance Related to the Process of Appealing Information Within
The City's Open Space Report Related to Development in the
Conservation Design District Adding New Section 827.60
Moved by Smith, seconded by Johnson, to approve the ordinance related to the process
of appealing information within the City's open space report related to the development
in the conservation design district adding new section 827.60, with the language of
'Applicant" rather than `Conservation Design Applicant': Motion passed unanimously.
Crosby briefly recessed the meeting at 8:57 p.m.
Crosby reconvened the meeting at 9:03 p.m.
C. Discussion of 2011 Proposed Budget Flyer
Adams reviewed the proposed budget flyer.
The Council discussed the flyer and suggested a number of changes to the document.
• Adams clarified he would make the changes and distribute to the County for insertion
with the Truth in Taxation statements.
D. Schedule Special Meeting for October 5, 2010 to Discuss Employee
Compensation
Moved by Smith, seconded by Siitari, to schedule a special meeting for October 5, 2010,
at 5:30 p.m., to discuss employee compensation and possible use of a building for City
facilities. Motion passed unanimously.
IX. CITY ADMINISTRATOR REPORT
X. MAYOR & CITY COUNCIL REPORTS
Crosby reminded the City that the trail dedication would occur at 3:00 p.m. Saturday,
with Medina Celebration Day following at 4:00 p.m.
XI. APPROVAL TO PAY THE BILLS
Moved by Johnson, seconded by Siitari, to approve the bills, EFT 000827-000838 for
$28,467.20 and order check numbers 035970-036018 for $87,878.66, and payroll
checks 020256-020257 for $962.59 and payroll EFT 503010-503035 for $42,808.86.
Motion passed unanimously.
XII. ADJOURN
Moved by Johnson, seconded by Siitari, to adjourn the meeting at 9:28 p.m. Motion
passed unanimously.
Medina City Council Meeting Minutes
September 21, 2010
228
T.4-1-e..
T.M. Crosby, Jr., Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
September 21, 2010
229
ORDER CHECKS September 3, 2010 - September 16, 2010
035970 COMMERCIAL ASPHALT CO $1,094.42
035971 FRONTIER $58.35
035972 VALVOLINE FLEET SERVICES $90.48
035973 GRAMERCY CLUB ELM CREEK $2,500.00
035974 ELAN FINANCIAL SERVICE $4,057.04
035975 NAPA $362.72
035976 Office of Child Support Enforc $240.00
035977 ACCLAIM BENEFITS LLC $111.30
035978 ALLEGRA PRINT & IMAGING $25.65
035979 ALLINA OCC MED. NW 5685 $40.00
035980 ALLSTAR ELECTRIC $849.42
035981 CIPHER LABORATORIES INC. $2,790.00
035982 ELECTRON HERDERS $506.03
035983 ENGEL WATER TESTING INC $180.00
035984 GOPHER STATE ONE CALL $354.35
035985 HAMEL LUMBER & SUPPLY INC $2,079.48
035986 HEALTHPARTNERS $27,715.10
035987 HENN COUNTY CONCILIATION $40.00
035988 HENN COUNTY INFO TECH $790.39
035989 HENN COUNTY SHERIFF $371.59
035990 HONEST AUTO LLC $348.12
035991 MONICA JAMPSA $277.00
035992 LEXISNEXIS RISK DATA MGMT $30.50
035993 MAPLE PLAIN FIRE DEPT. $2,406.64
035994 CITY OF MAPLE PLAIN $1,173.68
035995 METROPOLITAN COUNCIL $16,532.55
035996 METRO WEST INSPECTION $5,074.25
035997 MID COUNTY COOP $420.20
035998 MILLER TRUCKING & $582.47
035999 NORTHWEST ASSOC $797.35
036000 OFFICE DEPOT $104.00
036001 OFFICE OF ENTERPRISE $10.00
036002 OIL AIR PRODUCTS LLC $165.54
036003 OLMSTED COUNTY $230.00
036004 ORONO, CITY OF $1,785.99
036005 SCHARBER & SONS, INC $573.00
036006 SPECIALIZED ENVIRO TECH INC $1,026.00
036007 ST JOSEPH EQUIPMENT $65.35
036008 STREICHER'S $131.86
036009 SUBURBAN TIRE WHOLESALE $506.55
036010 SUN PRESS & NEWSPAPERS $76.26
036011 TALLEN & BAERTSCHI $4,921.88
036012 TASER INTERNATIONAL $809.95
036013 TRUGREEN LAWNCARE $2,578.58
036014 VALLEY CREEK EXPRESS INC $1,400.00
036015 VIKING INDUSTRIAL CENTER $56.70
036016 WACONIA FARM SUPPLY $69.54
036017 WEST SIDE REDI MIX $1,058.06
036018 WESTSIDE WHOLESALE TIRE $410.32
Total Order Checks $87,878.66
E-CHECKS September 3, 2010 - September 16, 2010
000827E ACCLAIM BENEFITS LLC $829.89
000828E ACCLAIM BENEFITS LLC $652.45
000829E ACCLAIM BENEFITS LLC $174.75
000830E PR PERA $10,710.98
000831E PR FED/FICA $10,675.69
000832E PR MN Deferred Comp $1,175.00
000833E PR STATE OF MINNESOTA $2,392.09
000834E CITY OF MEDINA $19.00
000835E FARMERS STATE BANK OF $20.00
000836E PR FED/FICA $113.00
000837E FARMERS STATE BANK OF $73.50
000838E ACCLAIM BENEFITS LLC $1,630.85
Total Order Checks $28,467.20
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September 21, 2010
230
PAYROLL DIRECT DEPOSIT September 3, 2010 — September 16, 2010
503010 ADAMS, CHAD M $2,762.71
503011 BARNHART, ERIN A $1,371.24
503012 BELLAND, EDGAR J. $2,515.88
503013 BOECKER, KEVIN D $1,973.49
503014 CONVERSE, KEITH A. $1,822.86
503015 COONEY, DALE T. $551.54
503016 DAY, JEANNE M. $2,038.34
503017 DINGMANN, IVAN W. $1,607.15
503018 DOMINO, CHARMANE $1,854.01
503019 FINKE, DUSTIN D $1,806.92
503020 GALLUP, JODI M. $1,365.01
503021 GLEASON, JOHN M $1,553.20
503022 GREGORY, THOMAS $2,283.72
503023 HALL, DAVID M $1,840.19
503024 JESSEN, JEREMIAH S. $1,424.67
503025 KLAERS GROTHE, ANNE M. $586.53
503026 LANE, LINDA $1,271.82
503027 LEUER, GREGORY J $1,935.28
503028 MCGILL, CHRISTOPHER R. $1,845.68
503029 NELSON, JASON $1,942.68
503030 PETERSON-DUFRESNE, DEBRA $1,291.78
503031 PORTINEN, TERI $1,240.73
503032 REINKING, DEREK M $1,270.22
503033 SCHERER, STEVEN T. $1,901.00
503034 VIEAU, CECILIA M $1,086.59
503035 VINCK, JOHN J. $1,665.62
Total Payroll Direct $42,808.86
PAYROLL CHECKS September 3, 2010 —September 16, 2010
020256 JOHNSON, BRENNAN $479.30
020257 DOMINO, CHARMANE $483.29
Total Payroll Checks $962.59
Medina City Council Meeting Minutes
September 21, 2010