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HomeMy Public PortalAbout05/20/03 CCM153 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 20, 2003 The City Council of Medina, Minnesota met in regular session on May 20, 2003 at 7:30 p.m. in the City Hall Chambers. Mayor Zietlow presided. I. ROLL CALL Members Present: Workman, Lane, Zietlow, Smith (arrived at 7:40 p.m.), and Brinkman Members Absent: None Also Present: City Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Tom Kellogg, City Administrator Chad Adams, and Recording Secretary Jennifer Hennes. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA It was requested to pull Item 5A from the agenda. It was requested to add Item VII D4, Hiring of new Police Officer, to Administration. Moved by Workman, seconded by Brinkman, to approve the agenda as amended. Motion passed unanimously. IV. APPROVAL A. Approval of the April 29, 2003 Special Council Meeting Minutes Moved by Lane, seconded by Workman, to approve the April29, 2003 Special Council Meeting Minutes. Motion passed unanimously. B. Approval of the Mav 6, 2003 Regular Council Meeting Minutes It was noted on page 2, the 5th paragraph, it should state: " the entire Park Dedication Fee will be triggered..." Moved by Workman, seconded by Brinkman to approve the May 6, 2003 Regular Council Meeting Minutes as amended. Motion passed unanimously. V. PRESENTATIONS A. Rockford Highschool Students Speech Class Removed from Agenda VI. COMMENTS A. Comments from Citizens on items no on the Agenda Liz Weir inquired about cancellation of the Ag Task Force at last City Council Meeting and asked if the Planning Commission could have three months to work on this issue. Medina City Council Meeting Minutes May 20, 2003 154 Mayor Zietlow stated the issue of the Ag Task Force is on the agenda for discussion this evening. Dick Picard, from the Ag Task Force, stated he is surprised at the discontinuation of the Ag Task Force. He stated he would like to know why it was terminated. He stated he felt reluctance from the Council Members to hear the recommendations and he felt disrespect from the Council Members for the Ag Task Force's time and efforts. Mitch Shields, Independent Beach Area, stated concern regarding manure being applied on frozen ground only to drain into the wetlands. Mayor Zietlow stated he is unsure of the best management practices at this time on the time to spread manure. Mr. Shields stated he would appreciate a common courtesy from horse owners to pick up after their horses on the road. He stated he has talked with some of the horse owners about this issue and has not received positive feedback. B. Park Commission Dillman noted the Park Commission Tour would be tomorrow, Wednesday, May 21 st at 5:30 p.m. C. Planninq Commission Nothing noted. VII. BUSINESS A. Parks 1. Ordinance Amending Section 820.31 Regarding Park Dedication Adams presented the revised ordinance drafted by City Attorney Batty. He stated he has reviewed this ordinance and it is consistent with the formulas discussed at the May 6, 2003 City Council Meeting. He stated he would prepare a simpler fee schedule for Staff to use when applying the fees. Moved by Smith, seconded by Brinkman, to adopt the Ordinance, Section 820.31, regarding Park Dedication, as amended. Motion passed unanimously. B. Planninq 1. Resolution Granting Final Plat Approval for Wild Acres of Medina Adams presented the Resolution Granting Final Plat Approval for Wild Acres of Medina. He stated he has the updated plat. Moved by Workman, seconded by Lane, to adopt Resolution No. 03-16 Granting Final Plat Approval for Wild Acres of Medina. Motion passed unanimously. 2. Final Plat Approval of Wild Meadows Fourth Adams stated Dave Newman is available for questions. He stated Staff has a few more things to look at before the next meeting. Newman presented the development information to the Council. He stated they plan to put together a tour for the children of that community. Medina City Council Meeting Minutes May 20, 2003 155 Moved by Smith, seconded by Brinkman, to direct Staff to prepare the Resolutions for final plat approval of Wild Meadows Fourth. Motion passed unanimously. C. Public Works 1. Resolution Vacating a Portion of Meander Road and Vacating Utility Easements — Public Hearing Mayor Zietlow opened the public hearing at 7:54 p.m. Adams stated the resolution being applied for is for vacating a portion of Meander Road. Batty stated if there is no longer a need for the right-of-way the City could vacate it. Mayor Zietlow closed the public hearing at 7:56 p.m. Moved by Workman, seconded by Smith, to adopt Resolution No. 03-17 Vacating a portion of Meander Road and vacating Utility Easements. Motion passed unanimously. 2. Resolution Approving Traffic Control Signal Agreement for TH55 at West Junction of CSAH 101/Sioux Drive with Hennepin County and Minnesota Department of Transportation. Adams stated the Hamel Fire Department inquired about the EVP and reported to them this information is already in the agreement. Moved by Workman, seconded by Brinkman, to adopt Resolution No. 03-18 Approving Traffic Control Signal Agreement for TH55 at West Junction of CSAH 101/Sioux Drive. Motion passed unanimously. D. Administration 1. Joint Powers Agreement with City of Independence for Slow No - Wake Zone on Lake Independence. Adams presented the Joint Powers Agreement and draft of the ordinance for the Slow No -Wake Zone on Lake Independence. Mayor Zietlow inquired about the discrepancy between the Ordinary High Watermark being 956.8 in the letter from Three Rivers Park District and the Ordinary High Watermark being 957.8 in the Ordinance. Lane stated Slow No -Wake Zone would be put into effect when high water level is one foot over the Ordinary High Watermark. He stated this would explain the discrepancy. Batty stated his notes show the Ordinary High Watermark is 957.8. Batty stated the only thing the Council Members can act on tonight would be the Joint Powers Agreement. He stated the form Ordinance being discussed this evening also needs to be approved by Lake Independence and will then be sent to the DNR for their approval. He stated he would confirm correct figure for the Ordinary High Watermark. Batty stated the original request was for the zone to be 250 feet from the shore. He stated he used 60 yards in the Ordinance because that is what the Sheriff requested. Medina City Council Meeting Minutes May 20, 2003 156 Audience member stated a representative from the Sheriff's department attended their last meeting and he stated the Sheriff suggested going back to the 250 feet, in the ordinance, because it was easier for the Sheriff to judge the distance. Discussion was held between John Barten, Jeff Martin, audience members and the Council Members as to why the 250-foot distance was chosen. Brinkman inquired about a mailing being sent out to all the association members on the lake informing them this issue is being presented to the Council. Picard stated LICA has held a meeting and two notifications have been sent out. Batty stated because this is not a part of the zoning ordinance, there is no statue of requirement to hold a public meeting. Workman inquired about who would be responsible for prosecuting the violators. Batty stated Medina would be responsible for their portion of the lake and Independence would be responsible for their portion of the lake. Picard stated he has spoken with the Park and they would only respond in an emergency. Adams inquired about the notification to be sent out when the water level is high. He noted this is currently stated in the Ordinance to be done by the Administrator. He stated he would like more of an understanding on how the notification is to be handled. Batty stated the Ordinance does allow for shifting of the Administrative responsibility as Staff chooses. Mayor Zietlow stated the Ordinance should be changed from 60 yards to state 250 feet. Batty stated once the other cities have approved this change the Ordinance would have to go to the DNR and then come back to the City Council for approval. Moved by Smith, seconded by Lane, to approve the Joint Powers Agreement with City of Independence for Slow No -Wake Zone on Lake Independence. Motion passed unanimously. 2. Aq Task Force Findings, Conclusions and Recommendations; Draft Ordinance Smith stated she would like to hear from the people who chose to abolish the Ag Task Force. She stated one of the issues is whether to develop an educational program and the Ag Task Force Committee would like to know if the Council wants them to proceed with the educational program. Council Members concur they would all like to see what is being proposed regarding the educational program. Medina City Council Meeting Minutes May 20, 2003 157 Smith advised the Council Members of who the Ag Task Force and Education Committee members are. Discussion was held regarding the recommendations to be accepted. Council Members discussed whether to approve or not approve each of the ten policies and procedures presented to them by Smith. Agreement was reached by the Council Members for the Ag Task Force to pursue further information regarding the Educational Program, the nuisance ordinance, and have the new information presented to the City Council at the next meeting. Smith stated there are two commercial horse stables for sale and she would like to see these issues addressed. She stated there is currently one stable not in compliance. Mayor Zietlow stated he would talk with Tom Crosby and invite him to the next City Council meeting. Workman stated he is in favor of the education program and to review the nuisance program but he would not like to adopt a new ordinance at this time. Smith presented information she brought from the DNR. She stated the City is not protected by the DNR and that is why the City needs an Ordinance. She noted 29% of the City is wetland, wet soils or open water. Mayor Zietlow recommended starting with education of the public and the City. Smith stated she would like the educational program to start in June. Mayor Zietlow recommended pinpointing a particular problem would be the way to start. Brinkman inquired if a stable was sold when it was out of compliance would the new owner be responsible for bringing the stable to compliance. Batty stated the need for conformity. He presented information regarding the legal conformity to how the ordinance takes effect. He stated the ordinance applies to everyone no matter how long they have owned the property. He stated if the ordinance is changed the new owners will be considered to be out of conformance and would need to update their stables. Council directed Staff to come forward at the next meeting with more information regarding the educational program. 3. Cabin Social Adams stated he has met with Phil and presented an overview of discussions held regarding the Cabin Social. He stated he has a contract to be signed regarding the fireworks. He stated he would like to attract more youth to the event. Adams inquired about fundraising ideas from the Council. Workman recommended inviting other organizations of the City to participate, i.e., the Lions and Hamel Fire Department. Medina City Council Meeting Minutes May 20, 2003 158 Smith pointed out the low number of attendance in the past and recommended if attendance is low again this year the City should think about canceling event next year. Adams stated the Cabin Social has already been put into the budget for this year. Batty recommended not having City Officials request donations from the community. He recommended having a group from community organize a fund raising committee. Smith recommended putting a question on the next City survey as to whether the community would like to continue this event. Staff recommended putting a letter in the newspaper soliciting volunteers for event. He also recommended putting out a donation box at event for raising money for next year. Any feedback is to go to Adams or Mayor Zietlow. 4. Police Officer Adams stated Chief Belland has chosen David Hall for the Patrol Officer with the City of Medina. Adams stated he is requesting approval from the City Council to proceed with the hiring of David Hall. Moved by Workman, seconded by Brinkman to approve the hiring of David Hall for the Patrol Officer with the City of Medina. Motion passed unanimously. VIII. APPROVAL TO PAY BILLS Moved by Workman, seconded by Brinkman, to approve the bills, order check numbers 25133-25193 for $290,262.38, and payroll check numbers 18118-18134 for $21,724.96. Motion passed unanimously. IX. ADJOURN Moved by Workman, seconded by Brinkman to adjourn the meeting at 9:07 p.m. Motion passed unanimously. Phillip K. Zietlow, Mayor Attest: Chad M. Adams, City Administrator Medina City Council Meeting Minutes May 20, 2003 159 ORDER CHECKS - MAY 20, 2003 25133 AMERIPRIDE LINEN & APPAREL SVC $55.17 25134 BAILEY NURSERIES, INC. $112.19 25135 BANYON DATA SYSTEMS $400.14 25136 BARCO MUNICIPAL PRODUCTS $358.37 25137 BCA/TRAINING & DEVELOPMENT SEC $180.00 25138 BONESTROO, ROSENE, ANDERLIK $14,589.31 25139 BUDGET PRINTING $2,470.29 25140 CIPHER LABORATORIES $637.45 25141 COLLISION CORNER $60.93 25142 CONSTRUCTIVE IDEAS $1,250.00 25143 E-Z-RECYCLING $3,030.20 25144 EXXONMOBIL $205.34 25145 FORTIN HARDWARE $139.83 25146 FRONTIER $57.17 25147 GLENWOOD INGLEWOOD $71.40 25148 GOPHER STATE ONE CALL $99.20 25149 HAMEL BUILDING CENTER $1,774.07 25150 HAMEL ELECTRIC, INC. $220.50 25151 HASLER MAILING SYSTEMS $79.88 25152 HAWKINS INC. $25.00 25153 HENN COOP. SEED EXCHANGE $89.41 25154 HENNEPIN COUNTY INFO.TECH.DEPT $280.48 25155 HENNEPIN COUNTY SHERIFF $502.42 25156 HENNEPIN COUNTY TREASURER $89,877.64 25157 J.R.'S APPLIANCE DISPOSAL $1,006.00 25158 KD & COMPANY $46.86 25159 KEEPRS, INC./CY'S UNIFORMS $115.30 25160 LAKE BUSINESS SUPPLY $317.59 25161 LARSON, SANDRA $118.13 25162 LAWN DETAILERS $1,659.27 25163 LEAGUE OF MN C1T1ES INS.TRUST $39,985.00 25164 MARTIN-MCALLISTER $350.00 25165 MEDICA $345.80 25166 MEDICA CHOICE $451.60 25167 METRO WEST INSPECTION $15,985.50 25168 METRO.COUNCIL ENVIRO. SERVICES $15,023.67 25169 MINN COMM $57.96 25170 MINNEAPOLIS DEPT.HEALTH&FAMILY $52.00 25171 MINNESOTA DEPT. OF HEALTH $23.00 25172 MN CHIEFS OF POLICE ED.FOUND. $150.00 25173 NAPA AUTO PARTS $16.82 25174 NATIONAL SAFETY COMPLIANCE INC $505.00 25175 NATIONAL WATERWORKS $51.46 25176 ORONO BASEBALL ASSN. $300.00 25177 PARK CONSTRUCTION $25,182.50 25178 PUMP & METER SERVICE $155.86 25179 QWEST $110.76 25180 REYNOLDS WELDING $27.80 25181 SCHERER FARMS $200.00 25182 STANTON GROUP $101.60 160 ORDER CHECKS - MAY 20, 2003 (CONT'D) 25183 STATE OF MINN.,CPV PROGRAM $500.00 25184 STREICHER'S $20.13 25185 SUPERIOR FORD $237.29 25186 SUPERIOR WIRELESS $43.43 25187 TALLEN & BAERTSCHI $5,351.77 25188 TEAM LABORATORY CHEM. CORP. $162.22 25189 THUL, JEFF $37.99 25190 TWIN CITY WATER CLINIC $60.00 25191 VERIZON WIRELESS $10.15 25192 XCEL ENERGY $4,108.53 25193 XCEL ENERGY $60,825.00 $290,262.38 PAYROLL CHECKS - MAY 19, 2003 18118 SCHERER, STEVEN T $1,207.23 18119 MCGILL, CHRISTOPHER R. $1,603.51 18120 DILLMAN, JAMES D $1,711.59 18121 DRESSEL, ROBERT P. $1,127.00 18122 BELLAND, EDGAR J $2,094.97 18123 VIEAU, CECILIA M $1,051.37 18124 DINGMANN, IVAN W $1,023.58 18125 SULANDER, LAURA L. $1,105.15 18126 LARSON, SANDRA L $1,033.69 18127 BOECKER, KEVIN D $1,404.19 18128 PRISM, JON D. $1,533.29 18129 NYSTROM, JAMES $1,738.59 18130 CHAFFINS, GARY S $786.19 18131 ADAMS, CHAD M. $1,555.33 18132 VELCH, PATRICIA A. $280.72 18133 NELSON, JASON $1,490.80 18134 THUL, JEFFREY P. $977.76 $21,724.96