HomeMy Public PortalAbout09/15/09 CCM277
MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 15, 2009
The City Council of Medina, Minnesota met in regular session on September 15, 2009 at
7:00 p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Johnson, Siitari, Smith, and Weir.
Members absent:
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
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the September 1, 2009 Regular City Council Meeting Minutes
It was noted on page seven, line 37, it should state: "...feet wefe had not previously
being been inspected as a City service, but...." On page ten, line
21, it should state, "...natural appearing material, as they do not want to use redwood."
Moved by Weir, seconded by Smith, to approve the September 1, 2009 Regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Accept Donation from YWCA and Candace Multi -Sports Co. for Police
Reserve. Unit
B. Accept Donation from Twinco Romax
C. Approve Raffle Permit for Restart. Inc. at 400 Evergreen Road on October
31, 2009
D. Approve Street Sweeping Services Agreement
E. Approve Spray Injection Services Agreement
F. Approve Sewer Cleaning and Televising Services Agreement
G. Approve Continuing Education Program for Police Officer Chanmane
Domino
H. Approve 2010 Lake Minnetonka Communication Commission Budget
I. Approve Closure of City Hall on October 8, 2009 from 8:00 a.m. to Noon for
Staff Training
J. Approve Sale of Two Police Forfeiture Vehicles at Public Auction
K. Resolution Certifying Delinquent City Charges for Services to the Hennepin
County Auditor for Collection in 2010
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L. Schedule Citv Council Special Meeting for October 6.2009 at 6:00 p.m. in
City Hall
Moved by Weir, seconded by Johnson, to approve the consent agenda. Motion
passed unanimously.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Bill Waytas stated that he had recently been appointed to the Park
Commission and was looking forward to contributing. He advised that the Commission
had discussed the Hamel Legion Park master plan and the proposed park signs at the
previous meeting.
C. Planning Commission
Planning Commissioner Michelle Litts stated that the Commission reviewed and
discussed the Business Park zoning district at their last meeting. She summarized the
discussion and recommendations that the Commission had in regard to that zoning
district. She stated that the Mixed Use zoning district would be discussed at the next
meeting.
VIII. OLD BUSINESS
A. Ace Properties CSAH 101 Access Agreement
City Administrator Adams provided background information regarding the request. He
explained that Ace Properties was requesting an amendment to extend the current
agreement, which would expire in September 2010. He stated that Ace Properties was
requesting a two-year extension but advised that staff was recommending a one-year
extension. He explained that an additional extension could be issued in the future.
Crosby questioned the impact to public safety in regard to the access point.
Adams reported that he did not think that the access point has caused any accidents or
problems with traffic recently.
Smith stated that the access point was supposed to be closed in the past and an
extension had already been granted.
Larry Palm, Ace Properties, advised that originally the Ryan Co. agreement was
modified.
Smith stated that she did not have a problem granting the extension but thought that the
businesses should be made aware that the access is going to be closed in the future
and encourage their customers to use to the other entrance point. She stated that she
believed the access point should eventually be closed because of the issue of public
safety.
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Weir confirmed that Palm has educated the business owners of the fact that the access
point would be closed sometime in the future.
Palm stated that this request was solely a matter of survival. He reported that every
business in the development was struggling and some had filed bankruptcy or asked for
financial help. He stated that the problem the businesses were having was in response
to the economy and felt that closing the access point would be another hurdle for those
businesses to overcome. He stated that unless the economy turns around in the next
year he would most likely be back to request another extension the following year.
Crosby suggested granting a two-year extension of the agreement giving the Council
the ability to review the agreement after one year, should public safety become an
issue.
Moved by Weir, seconded by Smith, to authorize the drafting of a two year extension of
the Ace Properties CSAH 101 Access Agreement; granting the Council the ability to
close the access point after one year if public safety becomes an issue. Motion passed
unanimously.
B. Medina Local Surface Water Management Plan
Bob Barth, Bonestroo, advised that the water management plan was part of the
comprehensive plan and explained that the watershed districts reviewed the plan for
approval before the City adopts the plan. He stated that because of the Total Maximum
Daily Loads (TMDL's) and water reduction there were quite a few water quality
implementations within the plan, along with best practices, and streamlining.
Weir questioned the status of the joint Medina/Loretto re -meandering of the stream and
wetland extension.
Barth stated that the grant funds would be available within the next few weeks and
advised that the City would attempt to gain some of the funds through grant
applications. He explained staff would also bring back a Memorandum of
Understanding to the Council in coming weeks as a condition of the Minnehaha Creek
Watershed District.
Moved by Weir, seconded by Johnson, to approve Medina's Local Surface Water
Management Plan. Motion passed unanimously.
C. Ordinance Creating the Residential -Single Family. Residential -Two Family,
Residential -Mid Density. Residential -Limited Multiple Family, and
Residential -Multiple Family Zoning Districts; Adding New Sections 840-841
City Planner Finke advised that this would be the third Council review of this material,
which was last discussed at the August 18th meeting and had since been revised. He
briefly reviewed the revisions that had been made by staff at the direction of the Council.
He reported additional discussion topics for the Council including density bonuses.
Crosby stated he did not believe that developers would push for higher density in the
future as he did not think the trend was going towards that direction. He stated that
should a developer desire higher density they could request a Planned Unit
Development (PUD).
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Finke stated that he agreed with the comments made by Crosby but advised that some
developers were interested in higher density for more affordable housing. He explained
that the best method to allow that change would be through an amendment to the
comprehensive plan, as a PUD is not the recommended method to request the change.
He stated that he believed the amendment would be smaller and may only require an
administrative review and would most likely not be a costly process. He stated that staff
was unsure if consensus had been reached regarding building height. He discussed the
methods that builders use to "cheat" the building height requirements including the pitch
of the roof and the use of retaining walls. He explained that because the eve height was
already set the pitch could be adjusted to 32 or 33 feet, which would accommodate the
specific development in discussion.
Weir questioned how the Council could give a little more latitude in regard to the pitch.
Finke explained that the pitch could be set at 32 or 33 feet without sprinkling and up to
35 feet being allowed should sprinkling be installed. He confirmed that the change
would be made in all the residential zoning districts. He then moved the discussion
towards the use of EIFS and whether or not it should be allowed as a primary or accent
building material. He stated that staff recommends the use of EIFS as an accent
building material and not allowed as a primary building material. He summarized
additional discussion topics that the Council had not previously made clear decisions on.
Weir stated that incentivizing had been done in regard to Low Impact Development (LID)
practices and questioned if some LID aspects could be required.
Adams stated that the Local Surface Water Management Plan (LSWMP) would be the
LID tool in regard to storm water practices. He advised that the tool would be evolving
and would require all districts to use these techniques and therefore was not needed to
add those requirements to each zoning district.
Finke advised that the LID incentives for the specific districts would be above and
beyond the LSWMP requirements. He reported that in regard to side yard setbacks a
developer was concerned with the requirement of a buffer and an additional setback
from the buffer.
Crosby stated that the requirement seemed to be restrictive and may impair the ability to
meet the density requirements of the Met Council.
Smith confirmed that the setback is only around the outside of the entire development,
not within the development.
Finke stated that staff recommended that if the Council chooses to lower the setback, it
should not be less than ten feet. The Council was in agreement with changing the side
yard setback from 15 feet to 10 feet for principal structures.
Weir questioned if the City foresees daycare facilities for those other than children and
whether the language should be changed to remove the reference to children as adult
daycare could also be provided.
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Weir suggested that a cap be implemented in regard to use the LID practice incentives.
Crosby suggested a maximum cap of 60 percent for districts R1 and R2.
Johnson suggested specific language to use in that regard.
Weir suggested the addition of language incentivizing low maintenance grass that uses
lesser amounts of water.
Finke stated that overall there were only about four changes and a few additional
language suggestions.
Moved by Johnson, seconded by Weir, to approve the ordinance adding new sections
840 and 841 as amended. Motion passed unanimously.
Moved by Johnson, seconded by Smith, to approve the resolution authorizing
publication of the ordinance by title and summary. Motion passed unanimously.
IX. NEW BUSINESS
A. 2010 Budget Insert with Hennepin County Truth in Taxation Mailing
Crosby stated that this item had been discussed during the worksession. He advised
that the changes would stress the reduction of the overall budget, removal of the table,
and added language in regard to what tax dollars buy within the City.
Johnson suggested a possible language change, using the word "could" instead of
"would," in regard to the issue of road bonding.
Siitari stated that he agreed with the changes proposed.
Crosby stated that Adams would email the revised copy to the Council for additional
comments. He advised that Adams would be the final editor for the document.
Johnson questioned if Council and Administrative should be re -titled as it currently
states that 20 percent of the budget is used for that purpose.
Adams advised that those costs are used for other departments as well and stated that
he would re -title that item.
Smith questioned if there was any news regarding the Police labor contract.
Adams stated that a recent discussion took place and the two parties were not yet in
agreement. He reported that a closed session with Council could occur on October 6,
2009 to discuss the agreement.
X. CITY ADMINISTRATOR REPORT
A. Update
Adams stated that there were two upcoming events. He advised that one or two
Councilmembers would be needed for Board of Appeal training on November 17th from
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282
1:00 to 4:00 p.m. He advised of an H1N1 training session in Loretto on Monday
September 21st for any interested Council members.
XI. MAYOR & CITY COUNCIL REPORTS
Crosby suggested having Belland review the hunting policy within the City.
Johnson stated that he was also concerned with whether permanent or temporary blind
structures would be allowed.
Smith stated that some residents allow a number of people to hunt on their property and
questioned if the number should be limited.
Crosby stated that he believed that it would be hard to regulate that requirement.
Scherer advised that a permit is required in the City, unless you are hunting on your own
property or with the owner of the property.
Crosby stated that he believed the 500 feet should be reviewed.
Johnson stated that there was an issue with the permission of the landowner as a
person shot a deer on his property and used the excuse of the deer being injured and
running onto the Johnson property. He stated that he did not think that all people
actually have the permission of the landowner.
Weir stated that she thought it was time to increase the buffer setback to hunting.
Crosby confirmed that staff could forward this issue onto Belland for further clarification.
Smith stated that she believed the problem was the number of people being allowed to
hunt on a parcel of property.
Crosby stated that there was a request from three business owners to meet with himself
and Finke to discuss the proposed changes to the Business Park zoning district. He
advised that a tour would be provided of the three facilities as well and suggested
opening the tour to the entire Council.
Batty confirmed that the tour could be open to the entire Council and explained that
depending on the number of Councilmembers that attend it may need to be titled as a
meeting.
Crosby stated that he would not be in attendance at the November 4, 2009 meeting.
Adams reported that he also would have a conflict attending that meeting as well.
Crosby stated that the Council spent a fair amount of time in regard to the green acres
deferred assessments and reported that the item would be brought back to a regular
Council meeting.
Weir stated that the rain garden at Holy Name Park was outstanding this year.
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September 15, 2009
283
Scherer stated that the Holy Name open house would take place on September 26th.
XII. APPROVAL TO PAY THE BILLS
Moved by Smith, seconded by Weir, to approve the bills, EFT 000553-000558 for
$25,343.85 and order check numbers 034485-034545 for $89,845,29 and payroll
checks 020213-020214 for $1,678.58 and EFT 502267-502295 for $41, 783.57.
XIII. CLOSED SESSION: ACQUISITION OF PROPERTY
The meeting was recessed at 9:05 p.m. The City Council went into closed session at
9:10 p.m. to discuss the acquisition of property at 3365 to 3375 Mill Drive and 2392
Pioneer Trail. The City Council came out of closed session at 9:40 p.m.
Mayor Crosby stated that City Administrator Adams was directed to discuss the
acquisition proceedings with the landowners of the properties listed.
XIII. ADJOURN
Moved by Weir, seconded by Smith, to adjourn the meeting at 9:42 p.m. Motion
passed unanimously.
T.M. Crosby, Jr., Mayo
Attest:
(_,L1 4-34.„
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
September 15, 2009
284
This Page Intentionally Left Blank
Medina City Council Meeting Minutes
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285
ORDER CHECKS Auaust 28.2009 - September 10.2009
034485 OFFICE OF CHILD SUPPORT $240.00
034486 GLENWOOD INGLEWOOD $107.73
034487 PLYMOUTH, CITY OF $615.97
034488 VALVOLINE FLEET SERVICE- $105.43
034489 XCEL ENERGY(P0B9477) $4,179.81
034490 COMMERCIAL ASPHALT CO. $660.53
034491 CULLIGAN-METRO $32.38
034492 DELL MARKETING L.P $129.35
034493 ELAN FINANCIAL SERVICE $718.03
034494 NAPA AUTO PART $239.51
034495 PITNEY BOWES POSTAGE BY $1,000.00
034496 QWEST $593.33
034497 ACCLAIM BENEFITS- $119.70
034498 ASSURANT $535.57
034499 BUDGET PRINTING $60.92
034500 CENTERPOINT ENERGY $123.45
034501 CIPHER LABORATORIES INC $1,472.50
034502 ESS BROS. & SONS, INC. $166.73
034503 FRONTIER $57.32
034504 GARYS DIESEL SERVICE INC $80.00
034505 GOPHER STATE ONE CALL INC $369.95
034506 HACH COMPANY $161.62
034507 HAMEL BUILDING CENTER $585.75
034508 HD SUPPLY WATERWORKS $2,130.34
034509 HENN COOPERATIVE SEED $401.53
034510 HENN COUNTY INFO TECH $932.00
034511 HONEST AUTO LLC $503.52
034512 HOSTINGMINNESOTA.COM $17.98
034513 INTERFAITH OUTREACH $5,000.00
034514 JOHNSON & PETERSON INC $7,800.00
034515 KRAEMER MINING AND $6,432.12
034516 LAW ENFORCEMENT LABOR $336.00
034517 LEAGUE OF MINNESOTA CITIES $4,329.00
034518 LEAGUE OF MN CITIES $7,940.00
034519 LEXISNEXIS $35.50
034520 LORETTO TOWING $117.56
034521 MAPLE PLAIN FIRE DEPT. $2,336.54
034522 MET COUNCIL (WASTEWATER $17,863.11
034523 MN VALLEY TESTING LABS INC $33.00
034524 MORRIS ELECTRONICS INC. $48.75
034525 OFFICE DEPOT $239.97
034526 OFFICE OF ENTERPRISE TECH $10.00
034527 OIL AIR PRODUCTS $1.09
034528 OMANN SHINGLE RECYCLING $440.86
034529 PRUDENTIAL INSURANCE CO. $580.72
034530 REHRIG PACIFIC COMPANY $1,578.54
034531 SCHARBER & SONS, INC $195.20
034532 SPEC HOLD LLC $32.60
034533 SPECIALIZED ENVIRO TECH INC $1,090.13
034534 STREICHERS INC $164.97
034535 SUN PRESS & NEWSPAPERS $83.64
034536 TALLEN & BAERTSCHI $5,841.95
034537 THREE RIVERS PARK $10,000.00
034538 TIME SAVER OFFSITE SEC $282.50
034539 T-MOBILE $32.13
034540 TOLL GAS & WELDING SUPPLY $10.20
034541 TRUAX, DOUGLAS $500.00
034542 TRUGREEN (MAPLEGROVE) $39.97
034543 VALLEY NATL GASES $58.51
034544 WESTSIDE WHOLESALE TIRE $20.00
034545 XEROX CORPORATION $29.78
Total Order Checks $89,845.29
E-CHECKS Auaust 28.2009 - September 10.2009
000553E PR PERA $10,716.85
000554E PR FED/FICA $11,176.21
000555E PR MN Deferred Comp $900.00
000556E PR STATE OF MINNESOTA $2,510.79
000557E CITY OF MEDINA $20.00
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September 15, 2009
286
000558E FARMERS STATE BANK OF $20.00
Total Order Checks $25,343.85
PAYROLL CHECKS Auaust 28.2009 — September 10.2009
020213 DRESSEL, ROBERT P. $1,447.71
020214 JOHNSON, DANIEL $230.87
Total Payroll Checks $1,678.58
PAYROLL DIRECT DEPOSIT Auaust 28.2009 — September 10.2009
502267 SIITARI, MIKE $190.87
502268 ADAMS, CHAD M. $2,764.71
502269 BARNHART, ERIN $1,372.96
502270 BELLAND, EDGAR J. $2,535.22
502271 BOECKER, KEVIN D. $1,811.98
502272 CONVERSE, KEITH A. $2,056.46
502273 CROSBY, THOMAS M. JR $327.07
502274 DAY, JEANNE M $2,059.36
502275 DINGMANN, IVAN W $1,808.79
502276 DOMINO, CHARMANE $1,502.98
502277 FINKE, DUSTIN D $1,766.50
502278 GALLUP, JODI M $1,375.06
502279 GREGORY, THOMAS $1,831.58
502280 HALL, DAVID M. $1,916.83
502281 JESSEN, JEREMIAH S $1,509.20
502282 KLAERS GROTHE, ANNE M. $582.66
502283 LANE, LINDA $1,271.04
502284 LEUER, GREGORY J. $1,383.91
502285 MAROHNIC, NICHOLAS $530.31
502286 MCGILL, CHRISTOPHER R. $1,576.97
502287 NELSON, JASON $2,329.56
502288 PETERSON-DUFRESNE, DEBRA $1,245.91
502289 PORTINEN, TERI $1,272.91
502290 REINKING, DEREK M $1,436.34
502291 SCHERER, STEVEN T. $1,833.11
502292 SMITH, CAROLYN A. $230.87
502293 VIEAU, CECILIA M. $1,100.34
502294 VINCK, JOHN J. $1,929.20
502295 WEIR, ELIZABETH V. $230.87
Total Payroll Direct Deposit $41,783.57
Medina City Council Meeting Minutes
September 15, 2009