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MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 15, 2011
The City Council of Medina, Minnesota met in regular session on March 15, 2011 at
7:00 p.m. in the City Hall Chambers. Acting Mayor Weir presided.
I. ROLL CALL
Members present: Pederson, Siitari, Martinson, and Weir.
Members absent: Crosby.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed
Belland, City Planner Dusty Finke, Public Works Superintendent Steve Scherer, Finance
Director Jeanne Day, City Administrator Chad Adams, Management Intern Dale
Cooney, and Recording Secretary Barbara Hughes.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the March 1, 2011 Special City Council Meeting Minutes
Moved by Pederson, seconded by Siitari, to approve the March 1, 2011 special City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the March 1, 2011 Regular City Council Meeting Minutes
It was noted on page 3, line 6, it should state: "stated they may be looking where to
locate the historic Hamel Library if a formal request is..."
Moved by Siitari, seconded by Martinson, to approve the March 1, 2011 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Accept 2011 Road Material Bids
B. Approve American Legion Consumption and Display Liquor License
C. Approve Tennis Court Rental Agreement with Carrie Agre
D. Approve Lawn and Grounds Services Agreement with Snow n' Lawn
E. Approve Weed Control and Fertilization Services Agreement with TruGreen
Chemlawn
F. Approve Street Sweeping Services Agreement with Carefree Services, Inc.
G. Ordinance Establishing Fees for City Clean Up Day
H. Resolution to Publish Ordinance for Clean Up Day Fees by Title and
Summary
I. Resolution Conditionally Approving a Comprehensive Plan Amendment
Regarding a Portion of the Property of "The Enclave" Residential
Development
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J. Lift Probationary Status for Community Service Officer Jeff Kordiak
K. Approve Temporary 3.2 On -Sale Liquor License and Raffle, Bingo, and Pull
Tab Permit to Church of St. Anne for August 27-28, 2011
Weir asked to remove item E from the consent agenda.
Moved by Siitari, seconded by Pederson, to approve the consent agenda, as revised.
Motion passed unanimously.
E. Approve Weed Control and Fertilization Services Agreement with TruGreen
Chemlawn
Weir asked if there was a specific reason for doing both weed control and fertilization
and whether the soil has ever been tested to see if fertilization is necessary. She
expressed concern about run-off and the impact of fertilizer on water quality. Scherer
replied that the City does test the soil, but up to this point, the City has relied on the
recommendation of the applicator. He agreed to check whether both applications are
necessary.
Moved by Siitari, seconded by Pederson, to approve the Weed Control and Fertilization
Services Agreement with TruGreen Chemlawn. Motion passed unanimously.
XI. APPROVAL TO PAY THE BILLS
Weir indicated that the auditors suggested that the approval to pay the bills be moved
on the agenda from time to time and asked Council to consider this item now.
Moved by Martinson, seconded by Siitari, to approve the bills, EFT 001051-001071 for
$50, 789.01 and order check numbers 036658-036714 for $52,215.23, and payroll EFT
503352-503382 for $46,138.88 and payroll check 020341 for $224.36. Motion passed
unanimously.
VI. PRESENTATION
A. Fire Department Annual Reports
Loretto Fire Chief Jeff Leuer presented the 2010 call activity, stating that 212 calls were
received with 46 calls in the City of Medina. He stated that the department currently has
33 members, with seven new firefighters. He added that the department has seen a
large number of people volunteering to serve on the fire department and there are
currently three people on the department's waiting list. He stated that in 2011, the
department will be purchasing a new utility truck to be used for home medicals, as well
as an extraction tool and a new rescue truck. He reported that they are in the process
of conducting a feasibility study with the Hamel Fire Department; a $33,500 grant was
received last December for this study and includes a review of the Comprehensive
Plans for all five cities in their service areas and the report will include information
regarding future fire stations.
Long Lake Fire Chief James Van Eyll stated that they also had seven new recruits in
2010. He indicated that the 2010 calls to the City of Medina decreased, with 23 calls in
2009 and 11 in 2010. He stated that the department received 446 overall calls in 2010,
which represents an increase over the past two years, and part of that is attributable to a
downed power line and a wind storm on November 13, 2010. He reported that response
times and mutual aid calls decreased in 2010, with an average response time in all three
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cities of 5:37. He stated that in 2011, the department will be adding a duty officer
vehicle that will be taken home, allowing the on -duty firefighter to respond directly to fire
calls. He added that eleven members of the department participated in the Stair Climb
for Life, a 30 flight, 660 step stair climb, and the department ranked in the top five out of
27 departments. He stated that the department will be hosting a pancake breakfast on
Sunday, April 17, supporting the relief association.
Hamel Fire Chief Brandon Guest reviewed the department's 2010 call activity and
indicated that call volume has increased over the last few years, with 200 calls in 2010.
He noted that the bulk of calls were medicals. He stated that there were 133 calls in the
City of Medina in 2010.
Siitari asked if the cities charge for false alarms. Guest replied that it depends on city
ordinance. Belland added that the City of Medina began charging for false alarm calls
on the first call effective January 1st
Guest stated that the department is serving 90% of its calls in ten minutes or less and all
response times have decreased by a minute or two from the previous year. He stated
that the department has 26 firefighters with ten added over the past two years. He
discussed the department's operating budget and explained that expenses were slightly
over budget due to an opportunity to add a generator to the fire station. He stated that if
the department had purchased this generator from a vendor, it would have cost
approximately $40,000 but the department was able to get it free from the DNR. He
indicated that $10,500 was spent to purchase a transfer switch and to wire the fire
station. He indicated that the generator can provide heat and electricity to the building;
the building did not previously have this capability and he felt this was a cost-effective
purchase. He added that the remainder of the overage in the budget is related to payroll
and training.
Weir expressed the City Council's thanks and appreciation to all of the fire departments
for their service.
B. Resolution Recognizing Jeanne Day for Five Years of Service to the City of
Medina
Weir recognized and thanked Jeanne Day for five years of service to the City as
Finance Director.
Moved by Martinson, seconded by Siitari, to approve a resolution recognizing Jeanne
Day for five years of service to the City of Medina. Motion passed unanimously.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Scherer reviewed agenda items for the Park Commission meeting on March 16th
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C. Planning Commission
Planning Commissioner Victoria Reid stated at their last meeting, the Planning
Commission reviewed the proposed text amendments to the City's ordinance regarding
retail and service uses related to animals. She stated that the Planning Commission
determined that the ordinance should be amended to permit the proposed use in the CG
district. She added that the Planning Commission also felt that retail and service uses
should be permitted in the Mixed Use district.
VIII. NEW BUSINESS
A. Resolution Receiving Feasibility Report and Calling for Public Hearings on
Hunter Drive South Improvement Project and Levying Special
Assessments for Same
Adams presented the feasibility report for the mill and overlay project on Hunter Drive
South between CR 24 and CR 6. He stated that a public hearing will be scheduled for
May 3, 2011 to authorize preparation of plans and specifications for the project. He
added that the pre -bond sale will also occur on May 3rd
Weir expressed concern about the condition of the road due to the harsh winter and
asked if mill and overlay will be sufficient. Scherer replied that the City will be milling the
road at a depth of 1.5" from the edges and that on the southerly end of the road, the
City plans to fill the ruts and not mill away as much, and the cracks will be patched and
pavement placed over the top.
Weir asked if Orono will be milling its portion of the roadway. Kellogg replied that Orono
plans to do some work on the south end and intends to dig out and place the bad spots,
seal the cracks, and sealcoat the lesser damaged parts.
Moved by Martinson, seconded by Pederson, to approve a resolution receiving the
feasibility report and calling for public hearings on Hunter Drive South improvement
project and levying special assessments for same.
Scherer noted that the third "whereas" clause in the resolution may be confusing and
suggested that it should read "the project" not "the two projects."
Martinson agreed to the friendly amendment. Pederson seconded the friendly
amendment.
Motion passed unanimously.
B. Resolution Receiving Feasibility Report, Calling for Public Hearing and
Ordering Preparation of Plans and Specifications on Hunter Drive North
Improvement Project
Adams presented the feasibility report for the reconstruction of Hunter Drive North
between Hamel Road and Medina Road. He stated that the project includes installation
of water and sewer and curb and gutter for the Lennar Enclave project, and the public
hearing will be scheduled for April 5, 2011. He noted that the May 3rd public hearing will
include the pre -bond sale for this project as well. He explained that the City chose not
to assess all of the properties in this corridor and to assess only the Lennar portion of
the project; as a result, the City can only utilize taxable bonds.
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Weir asked if there is any way to improve the drainage in the area of Hunter Drive North
where it comes down the hill toward Elm Creek and Hamel Road. Scherer replied that
the water in this area goes into a forebay and collects sediment before it flows into the
creek. Kellogg added that it is the intent of the City to meet the new standards in terms
of phosphorous removal by using a forebay. He indicated that upstream, on the south
side of Hamel Road and west of Hunter Drive, the City is planning to do some additional
improvements and use catch basins to remove sediment.
Moved by Siitari, seconded by Martinson, to approve a resolution receiving the feasibility
report, calling for public hearing, and ordering preparation of plans and specs on Hunter
Drive North improvement project. Motion passed unanimously.
C. An Ordinance Amending Section 832 and Section 838 of the Code of
Ordinances Regarding Retail and Service Uses Related to Animals
Cooney presented the draft ordinance text amendment to the Commercial -General
Zoning District related to dog boarding, daycare, and grooming. He advised the
Planning Commission had reviewed the ordinance amendment and recommended
approval. He discussed the Conditional Use Permit (CUP) request of Thomas and
Jillene Kingstedt to own and operate a dog daycare, grooming and boarding facility at
810 Tower Drive and indicated that one of the primary features is a 13,000 square foot
outdoor open space.
Weir stated that she did not want to see the text amendment unintentionally invite a
puppy mill situation or animal breeding on a large scale.
Thomas Kingstedt, 12425 43rd Avenue North, Plymouth, appeared before the City
Council and stated that their proposed use will include only canines and no breeding will
occur.
Finke stated that breeding is not currently prohibited in the ordinance and any proposal
for a breeding facility would go through the CUP process as currently written. He
indicated that if Council is interested in more explicit regulations, there is language that
other communities have used that could limit the number of unsterilized dogs in a kennel
at one time.
Kingstedt noted that all canines in their facility must be at least seven months old and
must be spayed or neutered.
Martinson asked if the City has regulations for inspecting these types of facilities.
Cooney replied that typically a city that inspects these facilities would have a licensing
process and would annually review the license. He stated that the City is not proposing
to do that here but the licensure procedures could be expanded if desired by the
Council. He added that some research was done with respect to animal care standards
that could be applied at the specific CUP application. He noted that the amendment
includes language requiring sufficient space and that the use must meet responsible
animal care standards.
Finke explained that the outdoor space language allows the City to place limitations on
hours of use of the outdoor space. He indicated that the Planning Commission
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recommended removing the specific time restriction and replacing it with general
language that allows the City to review each individual proposal based on location as
part of the CUP process.
Martinson asked if the City has any leeway to change the ordinance if problems arise in
the future. She also asked if any future amendments can be imposed on existing
businesses. Finke replied that under the ordinance, the use is permitted via a CUP
which lays out the rules and standards ahead of time. Batty stated that the laws on
CUPs are valid as long as the conditions agreed upon are met. He indicated that the
tenor of this ordinance is that there is enough general language that each CUP
application will be handcrafted based on the circumstances available. He added that in
this case, the outdoor noise potential may require a noise control plan as part of the
conditions of the CUP.
Weir asked if the requirement that the outdoor area be located a minimum of 500' from
any residential district was sufficient. Cooney replied that it is difficult to know if 500' will
be sufficient and stated that when the CUP application comes through, a requirement
could be added that limits the number of dogs outside at any given time and/or that sets
forth a ratio of handlers to dogs.
Martinson asked if some language should be included in either the ordinance or the
CUP that addresses the humane treatment of animals. Finke replied that if this type of
regulation were added, it will be important that the City has the ability to enforce it. He
added that staff looked at this from a land use perspective to prevent impacts on
neighboring property owners, and the City does not get specifically involved with a
business owner's operation based on a professional organization's guidelines. Batty
stated that responsible animal care standards/best practices were discussed with staff
and he cautioned against citing any particular organization's standards that may not
always be in the forefront of responsible standards. He added that it is the City's job to
focus on the land use side of things rather than the care and health of dogs.
Moved by Siitari, seconded by Martinson, to approve an ordinance amending Section
832 and Section 838 of the Code of Ordinances regarding retail and service uses
related to animals, including the change noted in the staff report to clarify the language
in the Business district to have the language match other commercial districts. Motion
passed unanimously.
1. Resolution to Publish the Ordinance by Title and Summary
Moved by Siitari, seconded by Martinson, to approve a resolution to publish the
ordinance by title and summary. Motion passed unanimously.
IX. CITY ADMINISTRATOR REPORT
A. Legislative Update
Adams discussed the proposed property tax freeze bill and stated that cities that do not
receive LGA would be exempted from this, however, the debt service and restrictions
would be maintained moving forward. He stated that a bill allowing for legal publications
to be published on the website rather than in the newspaper is moving forward. He
advised that the bill to correct the variance statutes is being worked out. He stated that
the fire departments have spoken about losing their 2% in fire aid and although the City
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is not directly impacted by this, those costs would be passed on to the City. He stated
that the legislature has also been discussing private wells and relaxing the restrictions
on wells, allowing property owners to drill for private landscaping. He stated that there is
also a bill that would lift the sprinkler requirement on certain residential properties. He
agreed to continue tracking the legislation and requested that staff be allowed to send
correspondence to the legislators if there are concerns regarding a specific bill.
X. MAYOR & CITY COUNCIL REPORTS
Weir reported on her attendance at the Elm Creek Watershed District meeting and
stated that a unanimous vote by all eight cities in the district would be required in order
to become a special taxing district to support the second generation plan for remediation
along the creek. She noted that three cities have indicated they would not support this.
She expressed concern regarding the 9.85% increase in city dues and also expressed
concern regarding double taxation of Minnehaha Creek Watershed residents. She
requested that staff look into separating the PID numbers in each district.
Pederson reported on his attendance at the Uptown Hamel Business Group meeting
today and stated that the Park Commission will be reviewing plans for moving the
library.
Xl. APPROVAL TO PAY THE BILLS
This item was acted on earlier in the meeting.
XII. CLOSED SESSION: LAND ACQUISITION
Weir adjourned the meeting to closed session to discuss 1600 Prairie Drive at 8:33 p.m.
The Council returned to open session at 8:56 p.m. Weir stated that City Administrator
Adams was provided with direction to continue negotiations with Hennepin County.
XIII. ADJOURN
Siitari moved, Pederson seconded, to adjourn the meeting at 8:57 p.m. Motion passed
unanimously.
A)4
Eiizak th Weir, Acting Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
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Medina City Council Meeting Minutes
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67
ORDER CHECKS February 25, 2011 - March 10, 2011
036658 CATAPANO, ROZANNE $500.00
036659 Office of Child Support Enforc $240.00
036660 KENT LEFEVRE $100.00
036661 NAPA $96.90
036662 QWEST $1,005.78
036663 RAMALINGAM, BABU $150.00
036664 VICKI SEMSCH $10.00
036665 ACCLAIM BENEFITS LLC $113.40
036666 ACTION FLEET inc $418.25
036667 ALLSTAR ELECTRIC $152.32
036668 AMERICAN SUPPLY GROUP $148.99
036669 ASPEN MILLS INC $29.63
036670 BERTELSON TOTAL OFFICE $329.68
036671 WILLIAM BEZENAR $26.84
036672 BUDGET PRINTING $61.63
036673 COLLISION CORNER $265.57
036674 DESIGNING NATURE, INC $695.80
036675 DOBOSZENSKI & SONS, INC. $1,230.00
036676 CHAD DUNKLEY $17.67
036677 ELITE CLEANERS & $12.83
036678 ESRI, INC. $811.00
036679 ESS BROS. & SONS, INC $378.34
036680 GOPHER STATE ONE CALL $52.50
036681 HACH COMPANY $166.43
036682 HAMEL LUMBER & SUPPLY INC $101.65
036683 HD SUPPLY WATERWORKS $2,402.83
036684 HENN COUNTY INFO TECH $80.00
036685 HENN COUNTY JAIL $270.00
036686 HENN COUNTY SHERIFF $377.92
036687 HONEST AUTO LLC $841.86
036688 HOSTINGMINNESOTA.COM $17.98
036689 HOTSY EQUIPMENT OF MN INC $82.64
036690 LAW ENFORCEMENT LABOR $336.00
036691 LEAGUE OF MINNESOTA CITIES $1,030.00
036692 LEXISNEXIS RISK DATA MGMT $30.50
036693 MAPLE PLAIN FIRE DEPT. $4,813.00
036694 METROPOLITAN COUNCIL $2,336.40
036695 METROPOLITAN COUNCIL $18,466.43
036696 MN BOARD OF PEACE $180.00
036697 MN DEPT OF COMMERCE $500.00
036698 MN DEPARTMENT OF HEALTH $6,531.72
036699 MN RURAL WATER ASSOC $200.00
036700 MORRIS ELECTRONICS INC $81.25
036701 NORTHWEST ASSOC $3,624.33
036702 OFFICE OF ENTERPRISE $10.00
036703 PERFORMANCE PETROLEUM $402.59
036704 PERRY'S TRUCK REPAIR $117.56
036705 RAILROAD MANAGEMENT $109.81
036706 SOFTWARE HARDWARE $1,044.00
036707 ST JOSEPH EQUIPMENT $108.21
036708 STRETCHER'S $345.59
036709 SUN PRESS & NEWSPAPERS $22.99
036710 TIMESAVER OFFSITE $188.75
036711 TOLL GAS & WELDING SUPPLY $247.87
036712 VALLEY NATL GASES LOC93 $67.34
036713 WATER CONSERVATION $222.95
036714 CITY OF WAYZATA $9.50
Total Order Checks $52,215.23
Medina City Council Meeting Minutes
March 15, 2011
68
E-CHECKS February 25, 2011 — March 10, 2011
001051E PR PERA $11,693.82
001052E PR FED/FICA $12,079.35
001053E PR MN Deferred Comp $1,175.00
001054E PR STATE OF MINNESOTA $2,777.69
001055E CITY OF MEDINA $20.00
001056E VOID $0.00
001057E ACCLAIM BENEFITS LLC $3,159.00
001058E GLENWOOD INGLEWOOD $116.22
001059E WHCEA $2,887.90
001060E PITNEY BOWES $112.17
001061E ASSURANT EMPLOYEE $528.13
001062E XEROX CORPORATION $32.16
001063E XCEL ENERGY $8,675.49
001064E DELTA DENTAL $2,257.65
001065E MEDIACOM OF MN LLC $46.95
001066E PIVOTAL PAYMENTS INC $61.61
001067E FRONTIER $57.61
001068E PAYMENT SERVICE NETWORK $145.90
001069E VALVOLINE FLEET SERVICES $74.96
001070E ELAN FINANCIAL SERVICE $3,104.80
001071E ACCLAIM BENEFITS LLC $1,782.60
Total Order Checks $50,789.01
PAYROLL DIRECT DEPOSIT February 25, 2011 — March 10, 2011
503352 SIITARI, MIKE $184.36
503353 ADAMS, CHAD M. $2,859.35
503354 BARNHART, ERIN A $1,452.91
503355 BELLAND, EDGAR J $2,464.50
503356 BOECKER, KEVIN D $2,204.22
503357 CONVERSE, KEITH A. $1,840.31
503358 COONEY, DALE T. $402.78
503359 CROSBY, THOMAS M. JR $334.15
503360 DAY, JEANNE M $2,144.94
503361 DINGMANN, IVAN W. $2,162.74
503362 DOMINO, CHARMANE $1,839.85
503363 FINKE, DUSTIN D $1,906.41
503364 GALLUP, JODI M. $1,434.15
503365 GLEASON, JOHN M. $1,957.84
503366 GREGORY, THOMAS $1,791.83
503367 HALL, DAVID M. $1,717.44
503368 JESSEN, JEREMIAH S. $1,604.66
503369 KLAERS GROTHE, ANNE M. $703.76
503370 KORDIAK, JEFFREY $529.20
503371 LANE, LINDA $1,306.93
503372 LEUER, GREGORY J. $1,760.88
503373 MARTINSON, MELISSA $235.87
503374 MCGILL, CHRISTOPHER R $1,762.41
503375 NELSON, JASON $1,946.92
503376 PETERSON-DUFRESNE, DEBRA $1,471.18
503377 PORTINEN, TERI $1,343.52
503378 REINKING, DEREK M $1,402.73
503379 SCHERER, STEVEN T. $1,987.42
503380 VIEAU, CECILIA M $1,119.08
503381 VINCK, JOHN J $2,030.67
503382 WEIR, ELIZABETH V. $235.87
Total Payroll Direct $46,138.88
CHECKS February 25, 2011 — March 10, 2011
020341 PEDERSON,JEFF $224.36
Total Payroll Checks $224.36
Medina City Council Meeting Minutes
March 15, 2011