HomeMy Public PortalAbout04/20/2010 CCM97
MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 20, 2010
The City Council of Medina, Minnesota met in special session on April 20, 2010 at 6:03
p.m. in the Medina City Hall.
I. Call to Order
Members present: Weir, Crosby, Siitari, Smith
Members absent: Johnson
Also present: City Administrator Chad M. Adams, City Planner Dusty Finke,
Public Works Superintendent Steve Scherer, and Assistant to City
Administrator Jodi Gallup.
II. Gambling Ordinance
Gallup provided a slide presentation as an overview of some recent statutory changes
pertaining to Gambling laws that require an update to the City's ordinance, as well as
some options the City may consider to regulate gambling licenses in the City.
Discussion was held on the statutory change that makes all gambling licenses perpetual
and how the perpetual license will be impacted by any City ordinance revisions in the
future. Staff agreed to follow up on this issue with the City Attorney.
The Council agreed to require annual reports from license holders and to include a
provision to authorize the City to inspect records upon request.
Discussion was held on whether the City could require 50% of gambling proceed
expenditures to be placed in the City, rather than the trade area. Staff agreed to follow up
on this issue with the City Attorney.
The Council agreed to the change from a $SO annual license fee, which is no longer
permitted, to a $50 annual investigation fee; and, to allow the gambling hours to be
consistent with the establishment's closing hours.
III. Public Works Staffmg and Planning Staffing
Adams provided an overview and background of the current staffing structure for the
Planning Department. He stated Staff is advising that the City continue with the current
structure utilizing consultants when needed.
Discussion was held on the Planning activity in the City and the continued use of a
planning consultant.
Finke stated that activity in the Planning Department is noticeably increasing and
concurred that utilization of consultants as an additional resource is needed and will work
for the time being.
Medina City Council Special Meeting Minutes
April 20,2010
98
Adams provided some background on the Public Works staffing vacancy since last
November, the hiring of a part-time snow plow driver over the winter, and the
recommended staffing plan for 2010 and 2011 to include a full-time public works
maintenance/field inspector and part-time seasonal intern during summer months. He
added with projected revenues from the inspector duties that the City will be able to
depend less on the general taxes as well as utility revenues to support City services.
Discussion was held on the Staff recommendation along with other options, including
hiring temporary workers and further evaluation/consideration of the work for promotion.
The Council agreed with the staff recommendation and noted it would consider action at
the regular meeting. The Council further agreed that it should be noted that this full-time
position is a replacement of a previous vacancy and not an additional hiring.
IV. Tree Arborist
Adams provided an overview of the Staff report that outlined some options for reviewing
tree plans submitted by developers. Staff recommended a requirement for developers to
submit a tree plan and inventory (including tagging and mapping of significant trees), for
a developers Arborist to be ISA certified, and for the City to contract/appoint an Arborist
to review developer submitted tree plans as needed.
Adams and Finke explained that the changes being recommended would be implemented
procedurally effective immediately and additional language would be added to the tree
ordinance when all other "clean-up" of zoning ordinances occurs later this year.
The Council agreed with the Staff recommendation as presented in the Staff report to
implement options 1, 2 and 5.
V. Adjournment
Weir moved, Smith seconded, to adjourn the meeting at 6:50 p.m. Motion passed
unanimously.
T. M. Crosby, Jr., Mzfyo
Attest:
411.
Chad M. Adams, City Administrator -Clerk
Medina City Council Special Meeting Minutes
April 20, 2010
99
MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 20, 2010
The City Council of Medina, Minnesota met in regular session on April 20, 2010 at 7:00
p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Siitari, Smith, and Weir.
Members absent: Johnson
Also present: City Planner Dusty Finke, Public Works Superintendent Steve Scherer,
City Administrator Chad Adams and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
I11. ADDITIONS TO THE AGENDA
It was requested to add an item regarding Police Activity in Regard to the Dennis
Hecker Legal Case, following the Consent Agenda.
Moved by Weir, seconded by Smith, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL OF MINUTES
A. Approval of the April 2, 2010 Special City Council Meeting Minutes
Moved by Smith, seconded by Weir, to approve the April 2, 2010 Special City Council
meeting minutes as amended. Motion passed unanimously.
B. Approval of the April 6, 2010 Special City Council Meeting Minutes
It was noted on page two, the third paragraph, the third line, it should state: "feasibility
of usincj the existing Linden Drive West for pedestrian purposes and connecting the
trail..."
Moved by Smith, seconded by Weir, to approve the April 6, 2010 Special City Council
meeting minutes as amended. Motion passed unanimously.
C. Approval of the April 6, 2010 Regular City Council Meeting Minutes
It was noted on page three, following line 20, it should state: "Hoy stated that 28
families in Hamel and Medina received assistance from IFO."
Moved by Weir, seconded by Smith, to approve the April 6, 2010 Regular City Council
meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Temporary On -Sale Liquor License to Wildlife Rehabilitation
Center at 3000 Hamel Road on August 7, 2010
B. Approve Management Intern Job Description and Authorize City
Administrator to Appoint Intern
Medina City Council Meeting Minutes
April 20, 2010
100
C. Approve Public Works Intern Job Description and Authorize City
Administrator to Appoint Intern
D. Approve Resident Cost -Share Grant Program Agreement for Shoreline
Restoration Program — Mike McLaughlin, 2887 Lakeshore Avenue
E. Approve Resident Cost -Share Grant Program Agreement for Shoreline
Restoration Program — Mike and Lynne Garwood, 2867 Lakeshore Avenue
F. Approve Passow/Citv of Medina Lakeshore Shoreline Project
G. Approve Irrigation Installation Service Agreement with Advanced Irrigation
Inc.
H. Resolution Certifying Delinquent City Charges for Services to the Hennepin
County Auditor for Collection in 2011
Moved by Smith, seconded by Weir, to approve the consent agenda. Motion passed
unanimously.
VI. COMMENTS
A. Police Activity in Regard to the Dennis Hecker Legal Case
Smith read a statement from the Star Tribune "...it also comes after Medina police
refused to cooperate with the trustee."
Crosby stated that while the paper reports that the Chief of Police refused to cooperate
with the trustee, the narrow issue of bankruptcy is under federal jurisdiction and the local
police do not have jurisdiction in that matter.
Siitari advised that bankruptcy is also a civil issue, in which jurisdiction is also given to
the Sheriffs office, but still not the local police.
Crosby advised that the Chief of Police followed the correct chain of command and
noted that the statement from the reporter is not correct.
Adams advised that the reporter did report information they received via a statement
from the bankruptcy trustee but did not follow up, to determine that the Chief of Police
had referred the trustee to the U.S. Marshals. He advised that the reporter was not
willing to correct the error in print but a clarifying statement was issued via the internet.
He advised that a correction, in print, will also be issued in the Metro West section of the
Star Tribune the following week.
Smith read the statement that was released via the internet stating that, "Police Chief
Belland referred the trustee to the U.S. Marshal's Office, whom is handling the case."
She did not think it was appropriate that the reporter was not willing to correct the
statement in print as soon as possible, as the original statement was on the front page
of the paper.
Adams requested Council direction in regard to instances such as this, that may arise in
the future, and the direction that staff should take. He also questioned if any
Councilmembers had received input regarding the statement and whether the attempted
solution was sufficient.
Crosby noted that although he did receive some response from residents, it was not a
large number.
Medina City Council Meeting Minutes
April 20, 2010
101
Adams advised that some of the police officers did receive comments on the street from
residents.
Smith stated that she knew people read the article and although she did not receive
many calls, in this regard, she felt that the reputation of Medina had been hurt. She
stated that although the correction will be printed much later, and not on the front page,
it does show that the City is willing to stand-up for itself when something, such as this, is
wrongly reported.
Weir questioned if staff felt it was important to have an item, such as this, be corrected
promptly.
Adams agreed that it was important to seek corrective statements on these matters as
soon as possible, but clarified Staff did not feel strongly about seeking out a higher
authority at the StarTribune immediately to provide a corrective statement in print the
next day.
Crosby advised that it was also important for the City to stand-up for its police
department. He noted that the minutes would also reflect that in regard to policy, if this
situation should arise in the future, staff should be expected to attempt correction as
soon as possible. He did note that Adams called him and other Councilmembers on
Friday, when the article ran.
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Hennepin County — Commissioner Jeff Johnson
Hennepin County Commissioner Jeff Johnson addressed the Council and advised that
he would be providing an update, specifically in regard to the budgeting process. He
advised that the budget of the County has actually decreased, with cuts spread equally
across the board. He reported that the general property tax levy was increased even
though the spending decreased, partially due to Hennepin County Medical Center
(HCMC). He advised that the issue of General Assistance Medical Care (GAMC) has,
and continues to be, a large issue as some organizations are removing themselves from
the pool which helps to contribute towards those costs.
Crosby questioned what would happen to those people on GAMC if the hospital were to
remove themselves from the pool.
Commissioner Johnson stated that HCMC would continue to provide uncompensated
care to those patients and advised that if HCMC were to remove itself from the pool, the
issue may reach the attention of the State and the issue of GAMC may be revisited. He
stated that he believed the budgeting process would continue to become more difficult
due to State deficits in the years following.
Crosby questioned if it was likely that the County would be raising the levy this year.
Commissioner Johnson stated that the County has raised the levy 30 of the last 31
years and believed that the levy would also be raised this year.
Medina City Council Meeting Minutes
April 20, 2010
102
Smith requested that Commissioner Johnson send the printout that he left at the office
to Adams for distribution to the Council.
C. Pioneer -Sarah Creek Watershed — Don Johnston
Don Johnston, Medina's representative to the Pioneer -Sarah Creek Watershed
Commission, addressed the Council to provide an update of recent activities of the
Watershed District. He advised of a joint mailing that would be sent out and of a DVD,
of which 500 copies would be sent out to some residents in the Lake Sarah area. He
explained that grant funds are available within the Lake Independence Watershed for
manure maintenance projects, and interested parties could contact himself, or Randy
Lehr with Three Rivers Park District. He confirmed that the funds would not require a
match and would instead be complete funding for projects. He reported that a special
meeting would be held on May 6th to discuss possible CIP projects that could be used
for planning and budgeting processes for the next three years within the Watershed,
and welcomed any input from the City. He advised that only projects listed on the plan
would be eligible for grant applications and funding.
Crosby advised of different wetland classifications done by the Minnehaha Creek
Watershed District in the southern portion of the City and questioned if the Pioneer -
Sarah Creek Watershed would be completing a similar classification.
Finke advised that the classifications had already been completed in the City of Medina.
Scherer questioned if farmers or hobbyists in the neighboring areas, such as Greenfield
and Independence, were interested in the grant funds for manure projects.
Johnson advised that some changes in regard to Council members had recently
changed but reported that those cities are slightly slower in responding to storm water
issues. He advised that the communication was improving.
D. Park Commission
Park Commissioner Chris Hilberg stated that the Park Commission met the previous
week in conjunction with the Planning Commission to hold a public hearing on the open
space/conservation design ordinance but advised that he was not in attendance. He did
review the minutes from the meeting and advised of the main focus points of discussion.
He advised that the Park Commission would be meeting the following evening to
discuss the issue of ballfield lights and irrigation, and the study of future park areas
would also continue. He confirmed that the annual park tour would occur on June 5ti,
Smith reported that discussion in regard to the proposed conservation design and open
space preservation ordinance would continue the following night.
E. Planning Commission
Planning Commissioner Kathleen Martin confirmed that a joint public hearing was held
with the Planning Commission and Park Commission. She summarized conservation
design and the points of discussion made at the meeting in regard to the proposed
conservation design and open space preservation ordinance. She then reviewed and
summarized the other items discussed during the meeting, including a site plan
amendment from Open Systems International.
Medina City Council Meeting Minutes
April 20, 2010
103
VII. NEW BUSINESS
A. Storm Water Pollution Prevention Program Annual Update
Scherer presented an annual update of the storm water pollution prevention program.
He reviewed the 2009 projects, such as the Rainwater Park Restoration, and
summarized the items that would be the focus of 2010 and beyond; including a grant
application for Independence Beach, and projects involving runoff that would be slated
for 2010 and 2011. He reviewed the minimum control measures in regard to pollution
prevention and housekeeping, public education and outreach, and public participation,
illicit discharge detection and elimination, construction site storm water runoff control,
and post -construction storm water management. He reported that Three Rivers Park
District, the Board of Water and Soil Resources, Hennepin County Environmental
Services, and Minnehaha Creek/Pioneer- Sarah/Elm Creek Watersheds are all partners
of the City in water quality improvements.
Mayor Crosby opened the public hearing at 8:13 p.m.
Moved by Weir, seconded by Siitari, to close the public hearing at 8:13 p.m. Motion
passed unanimously.
Smith asked Lynne Garwood in attendance to provide an update on the cost -share
project she is involved in.
Garwood replied that the project is still in the planning process and ground breaking has
not yet occurred. She was satisfied with the progress so far and the collaboration. She
confirmed that it is difficult to convince other residents of the lake to take part in the
process of phosphorous removal. She advised that in some cases it is not the initial
project that deters farmers but the monthly maintenance that is required.
Smith commented that it would be beneficial for those residents to reach out to the
Watershed District in attempting to gain the grant funds allotted to manure maintenance
and clean-up.
B. Hamel Community Building Operating Policy
Adams reported that changes had been made in regard to long-term users and advised
that items two and three were added to the policy to help regulate those users.
Crosby commented on limiting the power of the City in regard to cancellation.
Adams stated the language could be revised to include City or public purpose functions.
Smith questioned if advertising should occur for the Hamel community building.
Adams confirmed that creative methods of advertising were being discussed and input
was welcome.
Moved by Weir, seconded by Smith, to approve the updated policy with the amended
language limiting 30-day cancellation notice to City and public purpose events. Motion
passed unanimously.
Medina City Council Meeting Minutes
April 20, 2010
104
VIII. CITY ADMINISTRATOR REPORT
A. Public Works Maintenance/Field Inspector Job Description
Moved by Smith, seconded by Weir, to approve the job description and direct Staff to
conduct the selection process. Motion passed unanimously.
B. Lake Minnetonka Communication Commission
Adams advised that the City endorsed a resolution for the Commission to apply for
stimulus funding for a fiber optic network last summer, which was denied. He advised
that the Commission is still determining the feasibility of that type of network and
possible funding later this summer. He reported that Mediacom is conducting an
advertising campaign against this fiber optic network project.
XI. MAYOR & CITY COUNCIL REPORTS
Smith advised that two students would be holding an Earth Day event in Wild Meadows
to help educate residents in regard to what is recyclable and compostable. She advised
that there would be prizes and Randy's Environmental Services would be offering one
month of free organic service to three new customers.
Weir advised that she attended the Metropolitan Council Metro study for transportation
and reported that Highway 55 is an unmarked squiggle on the map and there are no
plans for upgrading. She noted MnDOT was working to place the Highway back on the
map for future funding. She also provided an update in regard to the tree removal that
was discussed at the last meeting.
Scherer provided an update on the field house and believed that construction should be
complete within the next week. He believed that the fence project would begin next
week, along with the irrigation that was approved tonight.
Crosby commented that the Hamel sign tends to blend in with the nearby bank.
Weir advised that the sign could not be changed at this point, and reported that the
members of the Uptown Hamel Association were pleased with how the sign turned out.
Smith commented that several members of the Northwest League had commented
positively on the improvements in the Uptown Hamel area.
XII. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Smith, to approve the bills, EFT 000717-000724 for
$28,256.66 and order check numbers 035340-035405 for $124,970.22, and payroll
check 020227 for $226.63 and payroll EFT 502706-502734 for $41,461.00. Motion
passed unanimously.
XIII. ADJOURN
Moved by Weir, seconded by Siitari, to adjourn the meeting at 8:34 p.m. Motion
passed unanimously.
Medina City Council Meeting Minutes
April 20, 2010
105
14 "M
•
T.M. Crosby, Jr., Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
April 20, 2010
106
This Page Intentionally Left Blank
Medina City Council Meeting Minutes
April 20, 2010
107
ORDER CHECKS Aoril 2. 2010 - Mal 15. 2010
035340 AGGREGATE INDUSTRIES $668.06
035341 CULLIGAN-METRO $32.38
035342 ELAN FINANCIAL SERVICE $621.52
035343 FRONTIER $57.48
035344 GLENWOOD INGLEWOOD $91.16
035345 NAPA $87.37
035346 PITNEY BOWES POSTAGE BY $1,000.00
035347 MEDIACOM OF MN LLC $46.95
035348 Office of Child Support Enforc $240.00
035349 QWEST $593.33
035350 SAM'S CLUB $35.00
035351 ACCLAIM BENEFITS LLC $111.30
035352 RJ AHMANN COMPANY $2,100.00
035353 ALDEN POOL & MUNICIPAL $518.13
035354 ALLSTAR ELECTRIC $2,408.92
035355 ASPEN MILLS INC $43.90
035356 BUDGET PRINTING $269.99
035357 CENTERPOINT ENERGY $993.89
035358 CIPHER LABORATORIES INC. $2,080.00
035359 DESLAURIERS & SONS INC $450.00
035360 EGAN $225.00
035361 GOPHER SIGN COMPANY $62.29
035362 GOPHER STATE ONE CALL $88.20
035363 GRAINGER $30.40
035364 HACH COMPANY $421.34
035365 HAMEL LUMBER & SUPPLY INC $637.59
035366 HEALTHPARTNERS $27,715.10
035367 HENN COOPERATIVE SEED $80.15
035368 HENN COUNTY INFO TECH $764.56
035369 HONEST AUTO LLC $117.22
035370 HOSTINGMINNESOTA.COM $17.98
035371 JOHN DEERE LANDSCAPES $522.96
035372 KELLY'S WRECKER SERVICE $160.32
035373 KONICA MINOLTA BUS. $1,694.81
035374 LARSON COMPANIES INC $3,512.57
035375 LAW ENFORCEMENT LABOR $336.00
035376 LAW ENFORCEMENT $256.50
035377 LEAGUE OF MINNESOTA CITIES $80.00
035378 LEXISNEXIS RISK DATA MGMT $32.00
035379 CITY OF LONG LAKE $5,789.00
035380 LORETTO VOLUNTEER $19,252.63
035381 MEDTOX LABS $46.75
035382 METRO.COUNCIL ENVIRO. $16,532.55
035383 MN BUREAU OF CRIMINAL $270.00
035384 MN DEPT OF LABOR/INDUSTRY $959.42
035385 NELSON AUTO CENTER $21,973.00
035386 NORTHWEST ASSOC $337.65
035387 OFFICE DEPOT $126.02
035388 OFFICE OF ENTERPRISE $10.00
035389 ON SITE SANITATION $42.75
035390 PERRY'S TRUCK REPAIR $17.05
035391 PIRTEK PLYMOUTH $128.80
035392 PROBUILT AMERICAN $50.50
035393 RECYCLING ASSOCIATION OF $1,122.19
035394 RUSSELL SECURITY $85.50
035395 SENIOR COMMUNITY $1,507.00
035396 STREICHER'S $342.50
035397 SUN PRESS & NEWSPAPERS $108.24
035398 TALLEN & BAERTSCHI $4,558.68
035399 THREE RIVERS PARK DISTRICT $2,000.00
035400 TIMESAVER OFFSITE $157.50
035401 TOLL GAS & WELDING SUPPLY $3.95
035402 VALLEY NATL GASES LOC93 $57.65
035403 CITY OF WAYZATA $20.00
035404 WESTSIDE WHOLESALE TIRE $230.51
035405 XEROX CORPORATION $36.01
Total Order Checks $124,970.22
Medina .City Council Meeting Minutes
April 20, 2010
108
E-CHECKS April 2.2010 — Apri115.2010
000717E ACCLAIM BENEFITS LLC $3,066.75
000718E PR PERA $10,299.28
000719E PR FED/FICA $10,415.40
000720E PR MN Deferred Comp $1,075.00
000721E PR STATE OF MINNESOTA $2,324.13
000722E CITY OF MEDINA $19.00
000723E FARMERS STATE BANK OF $20.00
000724E ACCLAIM BENEFITS LLC $1,037.10
Total Order Checks $28,256.66
PAYROLL CHECKS April 2.2010 - April 15.2010
020227 JOHNSON, DANIEL $226.63
Total Payroll Checks $226.63
PAYROLL DIRECT DEPOSIT April 2.2010 — April 15, 2010
502706 SIITARI, MIKE $190.87
502707 ADAMS, CHAD M. $2,789.71
502708 BARNHART, ERIN $1,371.23
502709 BELLAND, EDGAR J $2,541.88
502710 BOECKER, KEVIN D $1,996.31
502711 CONVERSE, KEITH A. $1,590.75
502712 CROSBY, THOMAS M. JR $327.07
502713 DAY, JEANNE M $1,961.50
502714 DINGMANN, IVAN W. $1,879.46
502715 DOMINO, CHARMANE $1,674.04
502716 FINKE, DUSTIN D $1,806.92
502717 GALLUP, JODI M. $1,365.01
502718 GREGORY, THOMAS $1,875.05
502719 HALL, DAVID M. $1,608.17
502720 JESSEN, JEREMIAH S. $1,513.11
502721 KLAERS GROTHE, ANNE M. $586.53
502722 LANE, LINDA $1,277.16
502723 LEUER, GREGORY J. $1,542.62
502724 MAROHNIC, NICHOLAS $526.02
502725 MCGILL, CHRISTOPHER R $1,768.39
502726 NELSON, JASON $1,942.68
502727 PETERSON-DUFRESNE, DEBRA $1,291.78
502728 PORTINEN, TERI $1,260.41
502729 REINKING, DEREK M $1,395.12
502730 SCHERER, STEVEN T. $1,819.11
502731 SMITH, CAROLYN A $230.87
502732 VIEAU, CECILIA M $1,086.59
502733 VINCK, JOHN J $2,011.77
502734 WEIR, ELIZABETH V. $230.87
Total Payroll Direct $41,461.00
Medina City Council Meeting Minutes
April 20, 2010