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MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 7, 2011
The City Council of Medina, Minnesota met in regular session on June 7, 2011 at 7:00
p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Pederson, Martinson, Siitari, and Weir.
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planner Dusty
Finke, Interim City Administrator Doug Reeder, Chief of Police Ed Belland, and
Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
Moved by Weir, seconded by Pederson, to approve the agenda as presented. Motion
passed unanimously.
IV. APPROVAL OF MINUTES
A. Approval of the May 17, 2011 Special City Council Meeting Minutes
It was noted under item two, under the discussion of the surplus, the following sentence
should be added, "Crosby commented that the funds would be transferred to the
reserves and he did not authorize the expenditure."
B. Approval of the May 17, 2011 Regular City Council Meeting Minutes
It was noted on page three, line 15, it should state, "...conditions of preliminary plat..."
On page seven, line 19, it should state, "Request for Proposal — Construction
Management Services for Public Works." On page eight, line 24, it should state,
"...Medina Celebration Day could continue without the fireworks but advised against
doing so.
Moved by Siitari, seconded by Pederson, to approve the May 17, 2011 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approval of 2011-2012 Liquor Licenses
B. Mill and Overlay Services Agreement for Hunter Drive South Road
Improvement Project
C. Ordinance Amending the Official Zoning Map for The Enclave
1. Resolution to Publish the Ordinance by Title and Summary
D. Donations for Medina Police Bike Rodeo
E. Alter Start Time for the Special Meeting Scheduled for June 21, 2011 from
6:00 p.m. to 5:30 p.m.
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Moved by Pederson, seconded by Weir, to approve the consent agenda. Motion
passed unanimously.
VI. PRESENTATIONS
A. Hennepin County Commissioner Jeff Johnson
Hennepin County Commissioner Jeff Johnson provided a brief summary of what
occurred in the budget from 2010 to 2011. He noted that the budget amount continues
to shrink from 2009 to 2010 and again from 2010 to 2011. He stated that the budget for
2012 was still unknown as the County relies heavily on the State, but he anticipated
another cut in the budget and property tax levy.
Crosby provided a brief summary of the discussions that took place at a meeting
brought together by Commissioner Jeff Johnson, at which Mayors from each City in his
District attended. He noted that public works facilities and water were the main
concerns for most of those Mayors in attendance.
B. Resolution Recognizing Charmane Domino for Five Years of Service
Belland highlighted the career path of Charmane Domino during her five years of
service to the City of Medina and recognized her accomplishments and contributions to
the City. He noted that Charmane continues to bring a great attitude to work each day.
Crosby presented the resolution to Charmane Domino and thanked her for her work in
the City.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Linck advised that the May meeting had been canceled and noted
that the June meeting agenda would contain discussion of the recent park tour.
C. Planning Commission
Finke advised that the Planning Commission would be meeting the following week to
discuss the proposed changes to the stormwater management ordinance. He briefly
summarized items that could occur at the June and July meetings of the Planning
Commission.
Crosby introduced the new Interim City Administrator Doug Reeder and welcomed him
to the City. He noted that the previous City Administrator Chad Adams had been
nominated by Medina for a leadership award, which he did win. He advised that the City
of Medina also received an award for being a City of Excellence.
VIII. OLD BUSINESS
IX. NEW BUSINESS
A. Resolution Certifying Delinquent Charges
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Moved by Weir, seconded by Martinson, to approve the resolution certifying delinquent
City charges for services to the Hennepin County Auditor for collection in 2012. Motion
passed unanimously.
B. Revisions to Animal Limitations Ordinance
Finke provided background information regarding the issue of animal regulations which
had been discussed at the Council meeting on May 3rd. He advised that staff
researched and determined how animals are regulated in other communities. He
advised that staff does not recommend considering the weight in pounds of dogs as a
method of limitation. He noted that a size classification could be used, but explained
that method may also be complicated. He advised that the ordinance is proposed to be
amended to allow up to three dogs on all properties and the potential to have up to four
dogs on properties exceeding eight acres. He stated that the City could also review the
ability to issue private kennel permits, which would allow up to four dogs on properties
less than eight acres and a maximum of eight dogs on properties exceeding eight acres.
He advised that more than eight dogs would only be allowed under a commercial kennel
license and could only occur in the commercial or business districts. He advised that
notice provisions had also been amended and summarized the new method for
notification in which the City would notify property owners within 200 feet.
Crosby questioned why allowing more than eight dogs would only be allowed in
commercial or business districts, as commercial horse facilities are allowed in the rural
residential district. He believed that issuing a license would be a better method of
control.
Finke stated that an administrative review could be used to allow one additional dog
without the approval of the Council.
Crosby questioned how many calls are received stating that someone possesses too
many dogs.
Belland advised that he has not received calls of that nature, only calls for unruly dogs.
Finke reviewed the items for further discussion and noted that commercial horse
facilities are currently allowed in the rural residential 2 zoning district.
Crosby discussed specific language which limits animals that are not native to
Minnesota, and noted that many people have small animals which are not native to the
state. He wanted to ensure that cats were also inserted into the ordinance in each
necessary place. He confirmed that small animals, such as chinchillas could be
controlled under the nuisance ordinance. He questioned whether this ordinance should
be specific to dogs, and let the nuisance and animal unit ordinances control the other
types of animals.
Batty confirmed that the nuisance ordinance would only apply to public nuisances and
would not apply to private nuisances where there are an excessive number of animals
contained in a home, so long as they stay in the home.
Weir questioned which method would be most effective for administration.
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Finke noted that either method would provide enforcement.
Batty stated that if the pet ordinance were to be moved from the nuisance section, an
item should be added under the nuisance ordinance which addresses possession of a
large number of animals.
Martinson stated that it may be easier to title this a dog ordinance and work forward
from there to determine if additional regulations would be needed to control exotic
animals, or other small animals.
Crosby suggested titling this ordinance for dogs and cats.
Belland noted that there are very few calls received regarding cats and advised that the
City has not regulated cats in the past. He noted that the cost to enforce a cat
ordinance would be high because, among other things, holding facilities would need to
be constructed.
Batty confirmed that many cities do not regulate cats due to the reasons highlighted by
Belland.
Reeder agreed that most cities do not license cats in the same way that dogs are
licensed because of those reasons.
Crosby discussed the ability for staff to allow up to one additional dog, per size of the
property, under an administrative review; or whether a waiver should be used to obtain a
review from the Council. He discussed the ability to possess a commercial kennel
license in the rural residential district, as a property owner possessing 60 acres could
then possess more than eight dogs. He noted that the license could then be used for
enforcement purposes.
Finke confirmed that staff would need to amend the proposed ordinance further based
on the discussion tonight.
Crosby suggested that fostering dogs would be within the category covered by licenses
for increased number of dogs.
Weir suggested increasing the notice area to 1,000 feet for properties above eight
acres, as 200 feet may not notify any property owners.
Batty explained that if the Council were to allow more than eight dogs on a property by
Council review, there would need to be specific criteria used to review a request.
Siitari questioned if there is a need to include cats in this ordinance.
Belland stated that he did not believe there was a need to include cats in this ordinance
and believed that type of animal could be controlled under the nuisance ordinance.
Hannah Buckley, 1822 Morgan Road, stated that she does have the issue of
fostering/rescue of dogs. She advised that she has five dogs of her own, for which she
has applied for a private kennel license. She asked that the application be placed on
hold, as she will be leaving the country and will not return until August. She explained
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her fostering program which she takes part in and the process she follows to socialize
those dogs. She asked that fostering be looked at in a different manner than private
kenneling. She explained that rescue and foster operations do not possess large
amounts of money to move to a commercial district and noted that her costs for the
program are all out of pocket. She stated that she has four young children, aged two to
11, and does not possess dangerous animals. She stated that ultimately the foster
dogs are adopted by other families, but noted that it is a long process to socialize the
dogs.
Crosby stated that staff would attempt to draft language specific to fostering dogs, which
would be considered under special application.
Shannon McKenzie, founder and director of Underdog Rescue, provided background
information on her program and noted that she also works with Minneapolis Animal
Control. She commended Hannah Buckley for her work with her organization and also
the use of the animals to work with at risk youth. She stated that her organization works
with others in several other states and handles dogs that have come from puppy mills.
She noted that all the dogs are in good health by the time they are adopted.
Crosby questioned the number of people who work with the organization comparable to
Hannah Buckley.
Shannon McKenzie stated that there is not anyone in the State such as Hannah
Buckley. She advised that she has experience with ordinance language in many other
communities and would attempt to provide staff with ordinance language.
Mr. Simons stated that he agreed with the comments proposed by staff and also agreed
that the notice area be extended to 1,000 feet. He stated that the precedent has been
to take activities such as the horse facilities out of the rural residential district and place
those into the rural residential 2 district. He stated that he did not agree with the
process of amending the ordinance, as it seemed to be tailoring to applications.
Crosby stated that his position was not to tailor the ordinance to applications, but instead
to craft an ordinance which is appropriate.
Connie Johnson, a teacher at Transitions Plus in Minneapolis, stated that her students
come from many walks of life and diversity and may be homeless. She explained the
connection between her students and the dog foster program through Hannah Buckley.
She stated that the students are brought to Pets Life in Medina to walk the dogs and
then interact with the dogs. She explained that the interaction with the dogs and the
opportunity to connect and bond with the dogs has provided a unique experience for the
students and helps to build their self-esteem and other personal skills.
Karen Hamel stated that she is a teacher in the Minneapolis schools and a professor at
a local college. She explained that when the students are brought outside their
community, it expands their horizon. She expressed concern over the police being
called when the school bus traveled to Ms. Buckley's property, rather than Pets Life, as
the students then did not feel welcome in the community. She explained that Ms.
Buckley possesses a wealth of resources that should be shared with others.
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Shannon McKenzie clarified that Underdog Rescue is aware that the issues of dog
limitations and the location for Ms. Buckley to meet with students are two separate
issues and noted that there is no problem in having the interaction occur at Pets Life.
Finke stated that he would like further clarification from the Council in regard to fostering
dogs.
Crosby stated that his opinion would be to not allow commercial operations within the
rural residential district. He referenced the issue of horse therapy previously discussed
by the Council and staff.
Finke stated that while there is a distinction between fostering and boarding, there is a
similar distinction between fostering and pets. He noted that the main concern is the
maximum number allowed. He noted that staff would amend the proposed ordinance
further based on the discussion tonight.
Crosby briefly recessed the meeting at 8:35 p.m.
Crosby reconvened the meeting at 8:41 p.m.
X. CITY ADMINISTRATOR REPORT
A. Schedule a Date for Council Budget Worksession
Reeder stated that he would like to set a date for the budget worksession with the
Council. He provided tentative dates for the meeting and confirmed that he would send
an email to further clarify the date, which could take place on July 11th, 13th or 14th.
X. MAYOR & CITY COUNCIL REPORTS
Crosby acknowledged that Chad Adams received the leadership reward for cities with a
population under 10,000 and advised that the ceremony would take place the following
week, on June 16th. He stated that Medina is also receiving a City of Excellence award
for the Hamel Field House at the same presentation. He stated that he would not be
present at the next two Council meetings due to family obligations. He discussed the
upcoming marketing for the public works discussions.
Reeder presented the letter on the public works facility that would be sent out to the
residents and noted that the City would be split into three areas, which would each have
their own meeting. He advised that a fourth meeting would occur at which anyone
would be able to attend. It was confirmed that at least one Councilmember should
attend each meeting.
Weir provided an update on the public works focus group and summarized the opinions
which were given. She stated that the general consensus is that there is a need for a
new public works facility in order to continue to provide services. She noted that the
primary consensus was that the facility needs to be toured in order for residents to
understand the need.
Crosby noted that the period to receive RFP's for construction management services for
public works had been extended.
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June 7, 2011
139
Crosby stated that he would find someone who could approach businesses in regard to
collecting donations for the fireworks display.
Weir stated that there are four homes on Elm Creek which have had significant flooding
and discussed the possibility of repairing the culvert in that area.
Kellogg stated that he was unsure if the culvert would be repaired this year and whether
or not the culvert could be expanded in size.
Weir advised that the homeowners would like the culvert to be expanded in size.
Martinson stated that it was her position that the residents were opposed to the muck
that is left after the creek recedes and advised that she had spoken with Park
Commissioner Beaupre in regard to alternate plantings that could be placed in that area.
Crosby reviewed and summarized a memo from Chad Adams discussing the status of
several projects in the City. He advised that he received communication from a firm
which assesses leadership candidates and questioned if the City would like to use such
as service.
Batty stated that Medina did not use this service in the previous hiring. Belland
confirmed that those services are used when hiring police officers.
Reeder provided a brief update on the search for a new City Administrator.
Weir provided an update on the Lake Sara WMO and the new TMDL regulations. She
questioned the status on Hamel Station plantings.
Finke stated that he has asked for an update on the plans and is waiting to receive that
information. He noted that an update could be provided at the next meeting.
XI. APPROVAL TO PAY THE BILLS
Moved by Siitari, seconded by Weir, to approve the bills, EFT 001159E-001181E for
$74,938.80 and order check numbers 036917-036993 for $129,280.02, and payroll EFT
503527-503554 for $43, 737.67. Motion passed unanimously.
XII. ADJOURN
Moved by Siitari, seconded by Weir, to adjourn the meeting at 9:21 p.m. Motion
passed unanimously. 11
Attest: T.M. Crosby, Jr., Mayo
/-
Doug Reeder Administrator
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June 7, 2011
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Medina City Council Meeting Minutes
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ORDER CHECKS May 13, 2011 -June 2, 2011
036917 •DOUG BOYINGTON $2,412.00
036918 L. A. CUSTER $2,412.00
036919 KAREN DZIAK $150.00
036920 MIGNONE, LINDSAY $250.00
036921 WILLIAM AND DONETA OLSON $3,396.00
036922 BONNIE L TRAUT $22,212.00
036923 WEST FINANCIAL $150.00
036924 CHILDRENS WORKSHOP $500.00
036925 Office of Child Support Enforc $240.00
036926 VOID $0.00
036927 VOID $0.00
036928 VOID $0.00
036929 VOID $0.00
036930 VOID $0.00
036931 VOID $0.00
036932 VOID $0.00
036933 VOID $0.00
036934 VOID $0.00
036935 VOID $0.00
036936 ACCLAIM BENEFITS LLC $115.50
036937 DISTRICT COURT ADMINISTRATOR $5.00
036938 ELITE CLEANERS & LAUNDERERS $3.47
036939 FINANCE AND COMMERCE $154.74
036940 SUSAN MCDILL $150.00
036941 LAURA MOORE $250.00
036942 QWEST $953.37
036943 CITY OF ST PAUL $541.30
036944 ROGER STROM $250.00
036945 ABDO, EICK & MEYERS LLP $4,972.00
036946 AMERICAN SUPPLY GROUP INC $381.53
036947 BATTERIES PLUS $504.83
036948 BONESTROO INC $26,392.96
036949 BRIMEYER FURSMAN LLC $4,800.00
036950 BUDGET PRINTING $376.67
036951 CARLSON BUILDING SERVICES INC $623.17
036952 MICHAEL CHORLEY $39.11
036953 EFA PARK AND REC $592.08
036954 EMBEDDED SYSTEMS, INC. $1,434.60
036955 FIRST STUDENT, INC. $175.00
036956 HENN COUNTY INFO TECH $812.56
036957 HENRYS WATERWORKS INC $282.25
036958 THEODORE HILL $385.00
036959 HONEST AUTO LLC $376.81
036960 HOSTINGMINNESOTA.COM $17.98
036961 J.R.'S ADVANCED RECYCLERS $780.00
036962 JOHN DEERE LANDSCAPES $101.53
036963 KD & COMPANY RECYCLING INC $19.92
036964 KELLY'S WRECKER SERVICE INC $105.27
036965 KENNEDY & GRAVEN CHARTERED $14,152.07
036966 KRAEMER MINING AND MATERIALS $3,089.79
036967 KUSTOM SIGNALS, INC. $1,472.73
036968 LAW ENFORCEMENT LABOR $336.00
036969 CITY OF MAPLE PLAIN $288.43
036970 CITY OF MAPLE PLAIN $9,400.00
036971 MARCO (LEASE) $510.50
036972 MARCO INC $272.21
036973 METRO WEST INSPECTION $3,118.70
036974 MIDWEST ASPHALT CORPORATION $2,750.48
036975 VOID $0.00
036976 MOTHERS MOTORS/LORETTO $40.00
036977 NELSON ELECTRIC MOTOR REPAIR $449.63
036978 OFFICE DEPOT $142.86
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June 7, 2011
142
036979 PERFORMANCE PETROLEUM $40.00
036980 RANDY'S SANITATION INC $2,559.91
036981 ROLF ERICKSON ENTERPRISES INC $6,186.81
036982 SCHARBER & SONS, INC. $236.61
036983 SNOW N LAWN $4,448.00
036984 SPRINT $770.15
036985 SUBURBAN TIRE WHOLESALE INC $506.55
036986 SUN PRESS & NEWSPAPERS $218.03
036987 TIMESAVER OFFSITE $313.75
036988 VALLEY NATL GASES LOC93 $170.38
036989 VIKING INDUSTRIAL CENTER $16.14
036990 CITY OF WAYZATA $29.50
036991 DEAN P WEISBECK $29.51
036992 WESTSIDE WHOLESALE TIRE $92.00
036993 ZIEGLER INC $320.63
Total Checks $129,280.02
PAYROLL DIRECT DEPOSIT May 13, 2011 —June 2, 2011
503527 ADAMS, CHAD M $2,844.06
503528 BARNHART, ERIN A $1,452.91
503529 BELLAND, EDGAR J. $2,480.99
503530 BOECKER, KEVIN D $1,902.82
503531 CONVERSE, KEITH A. $1,762.44
503532 COONEY, DALE T. $543.55
503533 DAY, JEANNE M. $2,144.94
503534 DINGMANN, IVAN W. $1,892.51
503535 DOMINO, CHARMANE $1,813.71
503536 FINKE, DUSTIN D $1,906.41
503537 GALLUP, JODI M. $1,326.98
503538 GLEASON, JOHN M $1,549.65
503539 GREGORY, THOMAS $1,683.06
503540 HALL, DAVID M $1,750.82
503541 JESSEN, JEREMIAH S. $1,471.16
503542 KLAERS GROTHE, ANNE M. $583.46
503543 KORDIAK, JEFFREY $514.17
503514 LANE, LINDA $1,306.93
503545 LEUER, GREGORY J $1,630.99
503546 MCGILL, CHRISTOPHER R. $1,685.06
503547 NELSON, JASON $2,159.48
503548 PETERSON-DUFRESNE, DEBRA A. $1,471.18
503549 PORTINEN, TERI $1,343.52
503550 REEDER, DOUGLAS $170.40
503551 REINKING, DEREK M $1,426.24
503552 SCHERER, STEVEN T $1,987.43
503553 VIEAU, CECILIA M $1,119.08
503554 VINCK, JOHN J. $1,813.72
Total Payroll Direct Deposit $43,737.67
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143
E-CHECKS May 13, 2011 —June 2, 2011
001159E FARMERS STATE BANK OF HAMEL $25.00
001160E AFLAC $149.46
001161E AFLAC $149.46
001162E PITNEY BOWES $112.17
001163E HEALTHPARTNERS $30,983.60
001164E MEDIACOM OF MN LLC $49.95
001165E ELAN FINANCIAL SERVICE $1,451.08
001166E MINNESOTA, STATE OF $976.00
001167E PR STATE OF MINNESOTA $2,611.41
001168E PR MN Deferred Comp $1,175.00
001169E PR PERA $11,356.31
001170E PR FED/FICA $11,282.97
001171E CITY OF MEDINA $20.00
001172E FARMERS STATE BANK OF HAMEL $20.00
001173E FARMERS STATE BANK OF HAMEL $35.00
001174E HARTFORD LIFE $625.65
001175E ACCLAIM BENEFITS LLC $143.14
001176E DELTA DENTAL $2,315.41
001177E ACCLAIM BENEFITS LLC $376.52
001178E WHCEA $3,780.72
001179E XEROX CORPORATION $35.05
001180E XCEL ENERGY $7,158.45
001181E VALVOLINE FLEET SERVICES $106.45
Total Checks $74,938.80
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